IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Thursday, the 25th day of August 2022 / 3rd Bhadra, 1944
IA.NO.2/2022 IN MAT.APPEAL NO. 498 OF 2022
OP(G&W) 253/2020 OF FAMILY COURT, TIRUR, MALAPPURAM
PETITIONER/RESPONDENT:
LATHEESH A L,AGED 40 YEARS S/O.LAKSHMANAN, ATTAYIL HOUSE, KOLLAM
PADI, VALAVU ROAD, KADAVANAD P.O., PONNANI TALUK, MALAPPURAM
DISTRICT, PIN - 679 586.
RESPONDENT/APPELLANT:
RINDU, AGED 31 YEARS, D/O.SASI, PANAMUKKIL HOUSE, EZHUVATHIRUTHI
VILLAGE, KARUKATHIRUTHI, PONNANI P.O., MALAPPURAM DISTRICT, PIN- 679
577.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to modify the interim
order passed in IA No. 1/2022 in Mat Appeal No. 498/2022 dated 13/07/2022
and permit the petitioner to take the child Diya A L from the permises of
the Munsiff Court, Ponnani on every second saturday at 10 am and return
the child on the next day ie Sunday at 4 pm at the same place and also
permit the custody of the child with the petitioner on the coming Onam
Holidays, for the ends of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.SHOBY K.FRANCIS, Advocate for the petitioner(Respondent in Appeal)
and of SMT.DEEPA NARAYANAN, K. SUJAI SATHIAN, MARY LIYA SABU and VISMAYA
VINOD Advocates for the respondents(Appellants in Appeal), the court
passed the following:
A.MUHAMED MUSTAQUE & SOPHY THOMAS, JJ.
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I.A No.2 of 2022
in
Mat. Appeal No.498 of 2022
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Dated this the 25th day of August, 2022
O R D E R
A. Muhamed Mustaque, J This Court, while entertaining the appeal, stayed the operation of the impugned judgment. However, by staying the impugned judgment, this Court allowed the father to have interaction with the child on every second Saturday from 10 am to 4 pm from the premises of the Family Court, Tirur.
2. Both the parties are residing at Ponnani. Both parties have no objection in handing over and return the child from the premises of the Munisif's Court, Ponnani.
3. The father also filed I.A No.2 of 2022 for custody during Onam holidays.
4. After considering the submission on both sides, we are of the view that following arrangements can be made till the disposal of the appeal.
i. The father is allowed to have the custody of the child on 1st, 3rd and 4th Saturdays from 10 am to 4 pm. ii. The child shall be handed over and returned from I.A No.2 of 2022 in Mat. Appeal No.498 of 2022 ..2..
the premises of the Munisif's Court, Ponnani.
iii. If the child is taken to the house of the father, the father should ensure that his parents are available in the house.
iv. The father is also allowed to take the child outside for shopping, restaurants, parks etc while the child is in his custody.
v. If the appellant is of the view that any of the acts of the respondent is not in the best interest of the child, she can report it into the Child Welfare Committee, Malappuram and the Child Welfare Committee shall inquire into that complaint and report before this Court.
I.A No.2 of 2022 is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/-
SOPHY THOMAS, JUDGE PR 25-08-2022 /True Copy/ Assistant Registrar