High Court Kerala High Court

T.S.Sunand vs K.R.Satheesan on 17 March, 2010

Kerala High Court
T.S.Sunand vs K.R.Satheesan on 17 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8848 of 2010(O)


1. T.S.SUNAND, S/O.SIVASAMY, AGED 39 YEARS
                      ...  Petitioner

                        Vs



1. K.R.SATHEESAN,
                       ...       Respondent

                For Petitioner  :SRI.DEEPU THANKAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.BHAVADASAN

 Dated :17/03/2010

 O R D E R
                      P. BHAVADASAN, J
                     ---------------------------
                 W.P.(C).No.8848 OF 2010
                 -----------------------------------
          Dated this the 17th day of March, 2010

                        J U D G M E N T

In this writ petition, the petitioner challenges Ext.P4

order passed by the District Court, Alapuzha in I.A.No.773/09

in O.P.N.57/09.

2. The petitioner is the respondent in O.P.57/09 before

the District Court, Alapuzha. It is stated that his wife

Smt.Sindhu died on 4.1.2008. He is the guardian of minor

child, K.Harisankar. It is stated that out of the death of his

his wife relationship between him and relatives of his wife

became stained. His claim is that he was forced to leave the

house with the minor child to his house. O.S.180/09 had to

be filed by him against relatives of his late wife. Copy of the

plaint is produced and marked as Ext.P1. On 23.3.2009 the

father of late wife has moved O.P.57/09 before the District

Court, Alapuzha for appointing him as the guardian of

person and property of the minor child. Copy of the same is

W.P.(c) No.8848/10 2

produced as Ext.P2. Petitioner says that on receipt of the

same petitioner raised preliminary objection challenging

jurisdiction of the district court to deal with the matter.

According to the petitioner the Family Court alone has

jurisdiction to deal with the issue. Copy of the said petition

is produced and marked as Ext.P3.

3. Case was posted to 6.3.10 for hearing interlocutory

application. It is seen that his counsel was engaged n

other court and a lawyer was entrusted to represent him on

behalf. According to the petitioner the court below had

directed the petitioner to hand over the minor child to the

custody of the respondent for a period of one month during

the vacation. The petitioner says that the order was passed

without hearing the petitioner. Therefore, he challenges the

said order.

4. The learned District judge in the impugned order

has stated that the counsel for the respondent submitted

that he has no objection to handover the minor child,

Harisankar to the custody of the petitioner from 1.4.2010. to

W.P.(c) No.8848/10 3

30.4.2010. It was on the basis of a representation filed by

the counsel for the respondent/petitioner herein the order

was passed.

5. If the petitioner is aggrieved by the statement in the

order the proper remedy is to move that court by way of

review and approach this court under Article 227 of

constitution of India. Reserving the liberty of the petitioner

to take appropriate steps, this petition is dismissed.

P. BHAVADASAN, JUDGE.

Sou.