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Premraj M vs Seeja R on 18 December, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

TUESDAY ,THE 18TH DAY OF DECEMBER 2018 / 27TH AGRAHAYANA, 1940

OP (FC).No. 679 of 2018

AGAINST THE ORDER IN OP 238/2017 of FAMILY COURT, KALPETTA

PETITIONER:

PREMRAJ M.
AGED 43 YEARS
S/O.RAJAN NAMBEESAN, PRANAVAM, KAETTIKKULAM POST,
EDAYOORKUNNU, WAYANAD DISTRICT, PIN-670646(THIRUNELLI
POLICE STATION LIMITED).

BY ADV. SRI.MATHEW KURIAKOSE

RESPONDENT:

SEEJA R.,
AGED 39 YEARS
W/O.PREMRAJ M., KALLATHTHAZHE, UMMALATHOOR.P.O.,
MEDICAL COLLEGE, KOZHIKODE DISTRICT, PIN-673008.
(MEDICAL COLLEGE POLICE STATION LIMIT).

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 18.12.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP (FC).No.679/2018

2

JUDGMENT

The petitioner is approaching this Court seeking the following

reliefs:

i. Direct the Family Court, Kalpetta not to grant continuous

custody of the minor children to the respondent herein, who

is the petitioner in O.P.No.238 of 2017 on the file of the

Family Court, Kalpetta;

ii. Issue such other appropriate order or direction which this

Hon’ble Court may deem fit in the circumstances of the case;

iii. Award cost of these proceedings.

2. Evidently, an Original Petition instituted by the respondent

herein under the Guardian and Wards Act is pending disposal before

the Family Court, Kalpetta as O.P.No.238/2017. It is stated that the

respondent had filed I.A. No.401/2018 seeking interim custody of the

children during the Christmas vacation. The petitioner herein had

filed counter statement to the said application. It is stated that the
OP (FC).No.679/2018

3

above said interim application now stands posted to 19.12.2018 for

consideration. It is also stated that the learned Judge of the Family

Court has observed that, the said application will be allowed and that

the custody of the children will be given to the respondent for the

entire period of Christmas vacation, even forcibly by engaging Police

force. The petitioner reasonably believes that, the Family Court may

pass such an order. Therefore, anticipating that the Family Court will

pass an order against him, the petitioner is seeking to invoke the

supervisory jurisdiction vested on this Court under Article 227 of the

Constitution of India.

3. We are of the considerate opinion that the supervisory

jurisdiction vested on this Court, which is visitorial in nature, cannot

be invoked to grant any such anticipatory relief. If the petitioner is

aggrieved by any order which will be passed by the Family Court, it will

be left open to the petitioner to challenge the same in appropriate

proceedings, as permissible under law. We cannot grant any order

restraining the Family Court from exercising its jurisdiction it deems
OP (FC).No.679/2018

4

fit and proper. Any such anticipatory relief will not fall within the

ambit and scope of the jurisdiction vested on this Court under Article

227.

Result of the above discussions is that, the Original Petition

deserves no merit. Hence, the same is accordingly dismissed.

Sd/-

C.K.ABDUL REHIM

JUDGE

Sd/-

T.V.ANILKUMAR

JUDGE

AJ
OP (FC).No.679/2018

5

APPENDIX
PETITIONER’S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE OP TICKET DATED 17/10/2018
(2 IN NUMBER) ISSUED BY THE GENERAL
HOSPITAL, KALPETTA.

EXHIBIT P2 TRUE COPY OF THE ENQUIRY REPORT DATED
19/12/2017 SUBMITTED BY THE DISTRICT CHILD
PROTECTION OFFICER, WAYANAD BEFORE THE
CHAIRMAN, CHILD WELFARE COMMITTEE, WAYANAD.

EXHIBIT P3 TRUE COPY OF THE MEDICAL PRESCRIPTIONS
REGRADING THE TREATMENT OF THE RESPONDENT
WITH M/S.MALABAR INSTITUTE OF MEDICAL
SCIENCE LTD..

EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT IN SUPPORT OF IA
NO.401 OF 2018 IN OP NO. 238 OF 2017 ON THE
FILE OF THE FAMILY COURT, KALPETTA.

EXHIBIT P5 TRUE COPY OF THE COUNTER AFFIDAVIT IN IA NO.

401 OF 2018 IN OP NO. 238 OF 2017 ON THE
FILE OF THE FAMILY COURT, KALPETTA.

RESPONDENT’S EXHIBITS:NIL

\TRUE COPY//

PA TO JUDGE

AJ

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