IN THE HIGH COURT OF KERALA AT ERNAKULAM
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
AGED 43 YEARS
S/O.RAJAN NAMBEESAN, PRANAVAM, KAETTIKKULAM POST,
EDAYOORKUNNU, WAYANAD DISTRICT, PIN-670646(THIRUNELLI
POLICE STATION LIMITED).
BY ADV. SRI.MATHEW KURIAKOSE
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:
The petitioner is approaching this Court seeking the following
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
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
fit and proper. Any such anticipatory relief will not fall within the
ambit and scope of the jurisdiction vested on this Court under Article
Result of the above discussions is that, the Original Petition
deserves no merit. Hence, the same is accordingly dismissed.
EXHIBIT P1 TRUE COPY OF THE OP TICKET DATED 17/10/2018
(2 IN NUMBER) ISSUED BY THE GENERAL
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
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.
PA TO JUDGE