SATHEESH KUMAR Vs. SASIKALA

JUDGEMENT

(1.) The parties are husband and wife, their marriage being solemnized in the year 2009, exactly on 30-05-2009. Two children were born out of the wedlock namely Anandhapadmanabhan and Sreehari. The parties are living separated due to severe matrimonial discord. At present there are 3 cases pending before the Family Court, Kottayam at Ettumanoor; one filed by the petitioner seeking dissolution of the marriage, another filed by the wife seeking return of gold ornaments and money and the third one filed by the respondent seeking custody of the minor children. The issue agitated herein is regarding the sustainability of two interim orders passed by the Family Court in original petition filed by the respondent seeking custody of the minor children. OP No.347/2018 was filed by the respondent herein seeking declaration of guardianship of the minors and for getting custody of them. On 31-05-2018 the court below passed an order as follows:

(2.) Contention of the petitioner herein is that, the above said orders were happened to be issued without notice to him. According to the petitioner, OP 347/2018 was taken up for consideration by the court below along with the other two cases. But the petitioner was not served with a copy of the original petition in the said case and the petitioner was not having knowledge about any direction issued for production of the minor children. Under such circumstances the petitioner is approaching this court challenging the above said orders and seeking to quash them, by invoking the supervisory jurisdiction vested on this court under Article 227 of the Constitution of India. It is stated that the petitioner has now filed an interim application seeking review of the above said orders, as IA No.1467/2018 and the said application is pending consideration.

(3.) Heard; counsel appearing for the petitioner as well as counsel appearing for the respondent.