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2022 Supreme(Online)(KER) 31147

SARMILA SASIDHARAN – Appellant
Versus
DIBIN DEVASSY – Respondent


Advocates:
['SUNIL V MOHAMMED', '', 'P KULUSU', 'MANOJ N', 'AJITHA APPU', 'M S NEETHUMOL', 'AADIL SHAH A S']

JUDGMENT

Ajithkumar, J.

The respondent-wife in GOP No.697 of 2018 of the Family Court, Irinajakuda is the petitioner in this Original Petition filed under Article 227 of the Constitution of India. She is aggrieved by Ext.P4 order and also the steps initiated by the Family Court pursuant to the said order. Therefore, she seeks to set aside Ext.P4.

2. The respondent filed GOP No.697 of 2018 against the petitioner seeking custody of their minor child and such other reliefs. Ext.P1 is a copy of that petition. The petitioner filed Ext.P2 counter-statement, where the contentions of the respondent were strongly assailed. It was contended that although the Judicial Magistrate of the First Class, Irinajakuda, passed Ext.P3 order directing the respondent to pay maintenance at the rate of Rs.5,000/- per month, he did not make any payment and that his intention is only to grab the custody of the child, for which he is not entitled to. The respondent filed I.A.No.8 of 2022 in the GOP claiming interim custody of the child. When that matter came up for consideration before the Family Court, Irinajakuda, on 12.04.2022, the court on the consent of the parties, passed Ext.P4 order, which reads thus:

“T

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