High Court Kerala High Court

Priya Biju Menon vs Biju Menon on 9 June, 2010

Kerala High Court
Priya Biju Menon vs Biju Menon on 9 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17790 of 2010(R)


1. PRIYA BIJU MENON, D/O.EAPEN NINAN,
                      ...  Petitioner

                        Vs



1. BIJU MENON, S/O.P.GOPINATH,
                       ...       Respondent

                For Petitioner  :SRI.P.SANTHOSH  (PODUVAL)

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :09/06/2010

 O R D E R
               R.BASANT & M.C.HARI RANI, JJ.
                       **********************
                   W.P(C) No.17790 of 2010
                       *********************
                Dated this the 9th day of June, 2010

                           JUDGMENT

BASANT, J.

The petitioner has come to this Court with this Writ Petition

complaining about abuse of jurisdiction of the Family Court by

the respondent. The contestants are spouses. A child, now aged

3 = years, is born in the wedlock. Proceedings have been

initiated by the petitioner before the Family Court at

Coimbatore. The respondent had appeared before the Family

Court. Solely for the purpose of vexing and harassing the

petitioner, subsequently the respondent has filed a petition

before the Family Court, Trichur. The Family Court, Trichur has

issued an exparte interim direction to the petitioner/mother to

produce the minor child aged 3 = years. There is gross

suppression of facts. There is no territorial jurisdiction for the

Family Court, Trichur to entertain the dispute. Solely for the

purpose of vexing and harassing the petitioner, such proceedings

has been initiated before the Family Court, Trichur

misrepresenting facts and an exparte interim order adverse to

W.P(C) No.17790 of 2010 2

the petitioner has been secured. The petitioner, in these

circumstances, prays that the jurisdiction under Article 227 of

the Constitution may be invoked and appropriate directions may

be issued. The matter stands posted before the Family Court at

Coimbatore for conciliation on 25.06.2010, submits the learned

counsel.

2. We are not posted with the full facts. We do not think

it necessary to order notice to the respondent to resolve the

factual controversies. The Family Court, Trichur is already

seized of the matter. It is for the petitioner to appear before that

court and explain to the court the relevant circumstances.

Objection to jurisdiction can be raised by the petitioner before

the Family Court, Trichur and we have no reason to assume that

the Family Court, Trichur will not consider such objection

promptly in the background of the facts pointed out by the

learned counsel for the petitioner before us.

3. We are not satisfied that this Writ Petition deserves

admission. But we may hasten to observe that if the petitioner

appears before the Family Court with the child on the next date

of posting and raises relevant contentions, the Family Court,

Trichur must consider those contentions and take appropriate

W.P(C) No.17790 of 2010 3

decision before issuing any further directions regarding interim

custody of the child.

4. This Writ Petition is, in these circumstances,

dismissed.

5. Hand over a copy of this order to the learned counsel

for the petitioner for production before the Family Court, Trichur

on the next date of posting.

(R.BASANT, JUDGE)

(M.C.HARI RANI, JUDGE)
rtr/