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Kavitha vs Binoj Bhargavan on 5 October, 2010

Kerala High Court
Kavitha vs Binoj Bhargavan on 5 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP (FC).No. 183 of 2010(R)


1. KAVITHA, D/O.VARGHESE, MANICKATHAN
                      ...  Petitioner

                        Vs



1. BINOJ BHARGAVAN, S/O.BHARGAVAN,
                       ...       Respondent

                For Petitioner  :SMT.K.GIRIJA

                For Respondent  :SRI.SAIBY JOSE KIDANGOOR

The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :05/10/2010

 O R D E R
                           R. BASANT &
                  M.L. JOSEPH FRANCIS, JJ.
            -------------------------------------------------
                  O.P.(FC) No.183 of 2010-R
            -------------------------------------------------
          Dated this the 5th day of October, 2010

                            JUDGMENT

Basant,J.

This judgment must be read in continuation of our order

dated 4/10/10. We have received the report dated 5/10/10 from

the learned Judge of the Family Court, Ernakulam.

Subsequently, the learned counsel for the petitioner and the

respondent have appeared before us. They submit that the

learned Judge of the Family Court has already disposed of O.P.

(G&W) No.562/10 earlier on this day. In these circumstances,

the learned counsel submit that no further directions are

necessary in this O.P.(FC). The counsel, however, pray that the

Family Court may be directed to forthwith issue a copy of the

order in O.P.(G&W) No.562/10 as without a copy of the order in

O.P.(FC) No.183 of 2010 -: 2 :-

O.P.(G&W) No.562/10 the children face the prospect of

deportation imminently.

2. This O.P.(FC) is, in these circumstances, dismissed as

unnecessary now. We do, however, expect the Family Court,

Ernakulam, to forthwith furnish a copy of the order in O.P.

(G&W) No.562/10 to the petitioner in O.P.(G&W) No.562/10.

Compliance shall be reported to this Court.

3. Hand over a copy of this judgment to the learned

counsel for the petitioner.

Sd/-

R. BASANT
(Judge)

Sd/-

M.L. JOSEPH FRANCIS
(Judge)

Nan/

//true copy//

P.S. to Judge

O.P.(FC) No.183 of 2010 -: 3 :-

R. BASANT &
M.L. JOSEPH FRANCIS, JJ.

————————————————-

O.P.(FC) No.183 of 2010-R

————————————————-
Dated this the 4th day of October, 2010

ORDER

Basant,J.

The petitioner and the respondent are the only parties in

O.P.(G&W) No.562/10 pending before the Family Court,

Ernakulam. According to them, the matter has been settled

between the parties. They have already entered appearance

before the Family Court through counsel. They want emergent

orders for the final disposal of O.P.(G&W) No.562/10. They

have reasons for insisting on such orders. According to them,

their two minor children aged above 10 years and 4 years

respectively are likely to be deported if emergent orders are not

passed in O.P.(G&W) No.562/10. The said O.P. was filed on

5/4/10 and the compromise petition was filed on 20/9/10. In

spite of that, orders are not passed in that O.P. In these

circumstances, both the petitioner as also the respondent (who

have both entered appearance through counsel before us) pray

that there may be a direction for expeditious disposal of O.P.

(G&W) No.562/10. Both counsel pray that orders may be

O.P.(FC) No.183 of 2010 -: 4 :-

directed to be passed by 5/10/10 at the latest.

2. We are not satisfied that any such final or peremptory

directions need be issued now. We direct that a report of the

Family Court, Ernakulam, be called for to explain to us why O.P.

(G&W) No.562/10 is not disposed of . If the submission of both

counsel – Advocate Smt. K. Girija and Advocate Mr.Saiby Jose

Kidangoor, who appear for the parties is correct, the need to

pass emergent orders in the said O.P. is certainly there. We

expect the Family Court to pass appropriate orders in O.P.

(G&W) No.562/10 – in accordance with law of course, as

expeditiously as possible, even before submitting the report to

us.

3. Call on 5/10/10 at 4 p.m. for report of the Family Court.

The Family Court shall forward the report to us through special

messenger.

R. BASANT
(Judge)

M.L. JOSEPH FRANCIS
(Judge)

Nan/

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