The court reiterated the importance of ensuring timely access to court orders in family law proceedings, particularly regarding child custody matters.

JUDGMENT

Anil K. Narendran, J.

The petitioner filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India , seeking an order directing the Family Court, Mavelikkara to consider Ext.P5 interlocutory application, i.e., I.A.No.3 of 2022 in O.P.(Guardian)No.674 of 2022 (Ext.P3), within a time limit to be fixed by this Court and grant interim custody of the minor child Darshan V. Naik, aged seven years, as sought for in that interlocutory application. 2. On 29.08.2022, when this original petition came up for admission, this Court issued notice before admission by special messenger to the respondent-mother.

3. On 01.09.2022, when this matter came up for consideration, the petitioner-father and his parents and also the respondent-mother were personally present in Court. Having considered the submissions made by the learned counsel on both sides and taking note of the relief sought for in I.A.No.3 of 2022, we passed an order directing the Family Court, Mavelikkara to advance the hearing of the said interlocutory application to 05.09.2022 and pass appropriate orders thereon, on the very same day itself, keeping in mind the law laid down in the decisions on the question of custody of minor child.

4. The respondent has filed a counter affidavit dated

01.09.2022, raising various contentions.

5. Today, when this matter is taken up for consideration, the petitioner has filed a reply affidavit in online.

6. Heard the learned counsel for the petitioner and also the learned counsel for the respondent.

7. The learned counsel for the petitioner would submit that in terms of the order of this Court dated 01.09.2022, the Family Court, Mavelikkara considered I.A.No.3 of 2022 on 05.09.2022 and the said interlocutory application now stands dismissed. Though the petitioner made an application for certified copy, he is yet to obtain a copy of that order.

Having considered the submissions made by the learned counsel on both sides, this Court finds that, I.A.No.3 of 2022 stands dismissed by the order dated 05.09.2022 of the Family Court, Mavelikkara. The petitioner-father is yet to be issued with a copy of that order. In such circumstances, this original petition is disposed of, leaving open the legal and factual contentions raised by both sides, by directing the Family Court, Mavelikkara to issue a certified copy of that order to the petitioner, if not already issued, as expeditiously as possible, at any rate, within a period of one week from the date of production of a certified copy of this judgment.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

P.G. AJITHKUMAR, JUDGE

MIN

PETITIONER’S EXHIBITS:

EXHIBIT P-1 THE TRUE COPY OF THE JUDGMENT DATED

8.10.2021 IN O.P (HMA) NO.229 OF 2021 OF THE FAMILY COURT, MAVELIKARA EXHIBIT P-2 THE TRUE COPY OF THE UNDERTAKING DATED

8.10.2021 EXECUTED BY THE PETITIONER AND THE RESPONDENT IN OP NO. 229/2021 ON THE FILE OF THE FAMILY COURT, MAVELIKKARA EXHIBIT P-3 THE TRUE COPY OF THE PETITION FILED ON

4.5.2022 AS OP (GUARDIAN) NO 674 OF

2022, BY THE PETITIONER BEFORE THE FAMILY COURT, MAVELIKKARA EXHIBIT P-4 THE TRUE COPY OF THE IA NO 1 OF 2022 IN OP(GUARDIAN) NO 674 OF 2022, ON THE FILE OF THE FAMILY COURT, MAVELIKKARA EXHIBIT P-5 THE TRUE COPY OF THE IA NO 3 OF 2022 IN OP (GUARDIAN) NO 674 OF 2022, ON THE FILE OF THE FAMILY COURT, MAVELIKKARA EXHIBIT P-6 THE TRUE COPY OF THE AFFIDAVIT SWORN BY THE RESPONDENT IN OP (GUARDIAN) NO

674 OF 2022, ON THE FILE OF THE FAMILY COURT, MAVELIKKARA RESPONDENT’S EXHIBITS:

EXHIBIT R1(A) TRUE COPY OF PETITION IN O.P. (HMA)

NO. 229 OF 2021 ON THE FILES OF FAMILY COURT, MAVELIKKARA.

EXHIBIT R1 (B) TRUE COPY OF PRESCRIPTION OF DR. S.K.

VIJAYACHANDRAN (MBBS. DPM)

EXHIBIT R1 (C) TRUE COPY OF PRINTOUT OF SCREEN SHOT OF THE WHATSAPP MESSAGES DATED

20.11.2021 AND 21.11.2021 EXHIBIT R1(D) TRUE COPY OF PRINTOUT OF SCREEN SHOT OF THE WHATSAPP MESSAGES DATED

9.12.2021 BETWEEN THE PETITIONER AND RESPONDENT’S FATHER’S MOBILE PHONE EXHIBIT R1 (E) TRUE COPY OF PRINTOUT OF