2025 Supreme(Online)(Ker) 23800
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MANJU SEBASTIAN – Appellant
Versus
MARIAMMA SEBASTIAN – Respondent
OP(C) 810/2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 24TH DAY OF JANUARY 2025 / 4TH MAGHA, 1946 OP(C) NO. 810 OF 2023 AGAINST THE ORDER/JUDGMENT DATED 05.01.2023 IN GOP NO.43 OF 2022 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, KASARAGOD / II ADDITIONAL MACT, KASARAGODE NAME AND ADDRESS OF THE PETITIONER / RESPONDEN T :
MANJU SEBASTIAN,AGED 45 YEARS WIFE OF JOSHY SEBASTIAN (LATE), RESIDENT AT OLICKAL, P.O. BALAL, BILAL VILLAGE, VELLARIKKUNDU TALUK, KASARDGOD DIST., PIN - 671533 PRESENTLY RESIDING AT, RESIDING AT 4/10 LENA GROVE, RINGWOOD, 3134, MELBOURNE, AUSTRALIA, (AUSTRALIAN PASSPORT NUMBER PB3196520), BY ADVS.
C.J.ANTONY LOYED C.CHANDRASEKHARAN ANIL KUMAR M.SIVARAMAN NAME AND ADDRESS OF THE RESPONDENT / 3RD PARTY APPLICAN T :
MARIAMMA SEBASTIAN AGED 79 YEARS W/O LATE T. M. SEBASTIAN, R/AT VEROOR MURY, VEROOR P.O., CHETHIPUZHA VILLAGE, KOTTAYAM DISTRICT,PIN - 686106 BY ADVS.
ANANTHAKRISHNAN A. KARTHA ANIL D.KARTHA(K/000029/1988)
SURESH G.(K/736/1993)
SHARATH ELDO PHILIP(K/1291/2016)
NAMITA PHILSON(K/002306/2019)
SREEKUMAR G.(K/000318/2022)
ANANTHASANKAR A. KARTHA(K/000565/2022)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BASANT BALAJI, J.
------------------------------------ O.P.(C). No.810 of 2023 ------------------------------------
Dated this the 24th day of January, 2025
JUDGMENT
The petitioner, who is the mother of three children, has filed OP(G&W)No.43/2022 before the District and Sessions Judge, Kasaragod, under Section 7 and 29 of the Guardian and Wards Act, for appointing the petitioner as the legal guardian of her three minor children and their properties. In the said petition, I.A.No.1/2022 was filed by the grandmother, who is the mother-in-law of the petitioner, for impleadment. A Counter afÏdavit is been filed, opposing the impleading. The court below, by Ext.P1 order, allowed the application. The said order is challenged in the original petition. A report was called for from the Court below regarding the present status and time required for the disposal of the same. A report dated 08.10.2024 was received wherein the status of the case is reported.
Taking into consideration that the original petition is filed for appointment of the guardian of the minor children, I deem it appropriate to direct the District and Sessions Judge, Kasargod, to take up OP(G&W)No.43/2022 and dispose of the same within a period of five months from the date of receipt of a copy of this judgment.
Sd/-
BASANT BALAJI, JUDGE Raj.
APPENDIX OF OP(C) 810/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER IN I.A. 1 OF
2022 IN O.P. (G&W) 43/2022 DATED
5/01/2023 OF THE HON’BLE DISTRICT COURT KASARGOD Exhibit P2 A A TRUE COPY OF THE RELEVANT PAGES OF PASSPORT OF THE MINOR NUMBER 1 Exhibit P2 B A TRUE COPY OF THE RELEVANT PAGES OF PASSPORT OF THE MINOR NUMBER 2 Exhibit P2 C A TRUE COPY OF THE RELEVANT PAGES OF PASSPORT OF THE MINOR NUMBER 3 Exhibit P3 A TRUE COPY OF THE PETITION IN O.P.
(G&W) 43/2022 PENDING BEFORE THE HON’BLE DISTRICT COURT, KASARGOD Exhibit P4 A TRUE COPY OF THE LEGAL HEIR CERTIFICATE DATED 12/03/2019 Exhibit P5 A TRUE COPY OF THE PETITION FILED BY THE RESPONDENT/ 3RD PARTY APPLICANT DATED 23/08/2022 Exhibit P6 A TRUE COPY OF THE SAID COUNTER TO THE IMPLEADING PETITION DATED 20/10/2022 Exhibit 7 A TRUE COPY OF THE VALUATION CERTIFICATE OF THE VILLAGE OFFICER BALAL DATED 30/07/2018 Exhibit 8 A TRUE COPY OF THE AFFIDAVIT OF RESPONDENT DATED 06/02/2023