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2024 Supreme(Ker) 370

RAJA VIJAYARAGHAVAN V, P. M. MANOJ
Priya Abraham, D/o. Annie Thomas – Appellant
Versus
Navin Scaria – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.PHILIP MATHEWS, ABY SKARIA, SEBA ANNA SIMON
For the Respondent: BIJU C ABRAHAM, MATHEWS K. UTHUPPACHAN, THOMAS C.ABRAHAM, BASIL MATHEW

 

The petitioner herein is the respondent in O.P.(G&W) No. 496/2022 on the file of the Family Court, Thiruvananthapuram. The said petition was filed by the former husband of the petitioner for declaring himself as the guardian and for permanent custody of the child. The challenge raised by the petitioner as regards the maintainability of the petition was rejected against which a review petition was filed. The same was rejected by Ext.P10 order. The interim custody of the child was granted to the petitioner which was later modified by Exhibit P13 order. Being aggrieved by the above orders, the petitioner has filed the Original Petition before this Court seeking the following reliefs:

 

    i) Pass appropriate order setting aside Ext.P10.

ii) Pass appropriate order setting aside Ext.P13.

iii) Pass appropriate orders directing the Family Court, Thiruvananthapuram to reconsider Exts.P8 and P11.

2. To appreciate the contentions, brief facts leading to the passing of the orders impugned are required to be stated. For ease and clarity, the parties shall be described as per their status before this Court.

 

    a) The marriage of the petitioner and the respondent was solemnized on 14.5.2007 and a girl chi

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