IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Friday, the 6th day of May 2022 / 16th Vaisakha, 1944
IA.NO.4/2022 IN OP (FC) NO. 492 OF 2021
OP(G&W)No. 2060/2020 OF FAMILY COURT, ERNAKULAM.
APPLICANT/PETITIONER:
DIVYA RAJAN, AGED 35 YEARS, W/O. BINEESH P.B.,
THUMPA VILAYIL HOUSE, KADUVINAL P.O., VALLIKUNNAM MURI,
VALLIKUNNAM VILLAGE, ALAPPUZHA DISTRICT,
NOW RESIDING AT AMBADIYIL HOUSE, PAVUMPA P.O.,
KARUNAGAPALLY TALUK, KOLLAM DISTRICT, PIN-690 574.
RESPONDENTS/RESPONDENTS:
1. BINEESH P.B., AGED 39 YEARS, S/O. BABY,
RESIDING AT PISHARIKATTIL HOUSE, MANAKUNNAM VILLAGE,
POOTHOTTA P.O., ERNAKULAM DISTRICT, PIN-682 307,
(NOW RESIDING IN KUWAIT) (WHATSAPP NO.0096567798520,
EMAIL:[email protected])
2. BABY, RESIDING AT PISHARIKATTIL HOUSE, MANAKUNNAM VILLAGE,
POOTHOTTA P.O., ERNAKULAM DISTRICT, PIN-682 307.
(WHATSAPP NO.9947947846)
3. NIRMALA, W/O. BABY, RESIDING AT PISHARIKATTIL HOUSE,
MANAKUNNAM VILLAGE, POOTHOTTA P.O., ERNAKULAM DISTRICT,
PIN-682 307. (WHATSAPP NO.9947947846)
4. BINU, S/O. BABY, RESIDING AT PISHARIKATTIL HOUSE,
MANAKUNNAM VILLAGE, POOTHOTTA P.O., ERNAKULAM DISTRICT,
PIN-682 307. (WHATSAPP NO.9947947846, EMAIL:[email protected]
5. BABY DAKSHINA, D/O. BINEESH P.B. AND DIVYA RAJAN, AGED 6 YEARS,
RESIDING AT PISHARIKATTIL HOUSE, MANAKUNNAM VILLAGE,
POOTHOTTA P.O., ERNAKULAM DISTRICT, PIN-682 307.
( NOW UNDER THE CUSTODY OF RESPONDENTS 2 TO 4).
P.T.O.
6. BABY DEKSHITH, S/O. BINEESH P.B. AND DIVYA RAJAN, AGED 4 YEARS,
RESIDING AT PISHARIKATTIL HOUSE, MANAKUNNAM VILLAGE,
POOTHOTTA P.O., ERNAKULAM DISTRICT, PIN-682 307.
(NOW UNDER THE CUSTODY OF RESPONDENTS 2 TO 4).
7. THE COMMISSIONER OF POLICE, KOCHI,
OFFICE OF THE COMMISSIONER OF POLICE, ABDUL KALAM MARG,
MARINE DRIVE, ERNAKULAM, PIN-682 011.
8. THE STATION HOUSE OFFICER, UDAYAMPEROOR POLICE STATION,
SH-15, UDAYAMPEROOR, KANDANAD, ERNAKULAM, PIN-682 307.
9. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICER,
TRIVANDRUM, REGIONAL PASSPORT OFFICE, SNSM BUILDING,3,
4TH FLOOR, KAITHAMUKKU PETTA RD, THIRUVANANTHAPURAM, KERALA-695 024.
10. THE AUTHORIZED OFFICER, PASSPORT SEVA KENDRAM,
KOLLAM 74 BUILDING # MC VIII/1578/715 A S.N. TRUST COMPLEX,
NEAR KOLLAM MUNICIPAL CORPORATION OFFICE, VELLAPPALLY NAGAR,
KOLLAM, KERALA-691 320.
P.T.O.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an order
directing the respondents 1 to 4 to forthwith give the custody of the
minor children named Dakshina and Dekshith to the petitioner, in the best
interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and this Court's judgment dated
17/03/2022 in OP(FC) 492/2021 and upon hearing the arguments of
M/S.P.HARIDAS, P.C.SHIJIN, RISHIKESH HARIDAS & BIJU HARIHARAN, Advocates
for the petitioner in IA/OP(FC) and of SRI.T.U.SUJITH KUMAR, Advocate for
R1 to R6 in IA/OP(FC) and of SRI.SUVIN R.MENON, CENTRAL GOVERNMENT COUNSEL
for R9 & R10 in IA/OP(FC), the court passed the following:
P.T.O.
DEVAN RAMACHANDRAN &
SOPHY THOMAS, JJ.
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I.A No.4 of 2022 IN
O.P. (FC) No.492 of 2021
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Dated this the 6th day of May, 2022
ORDER
Sophy Thomas, J.
The petitioner herein was the original petitioner in OP(FC) No.492 of 2021 which was disposed of on 17.03.2022. Pending the OP(FC), the disputes between the parties including custody of the children were settled, and the petitioner/mother was appointed as natural guardian and permanent custodian of the children namely, Dakshina and Dekshith. The marriage between the petitioner and the 1st respondent was dissolved on mutual consent based on settlement. The petitioner was permitted to process the Visa of the children as their sole guardian, and to take the children to Kuwait where she is working.
2. Now the petitioner says that, though she wanted to take the children to Kuwait, she could not immediately come O.P (FC) No.492 of 2021 2 down to Kerala to take custody of the children. She is making earnest efforts to get Visa for the children at the earliest. Meanwhile she has come down to Kerala on 05.05.2022 and she will be returning on 30.05.2022, as submitted by her. So, for the time being, she wants to have company of her children. Though she tried to get custody of the children, respondents 1 to 4 were not ready to hand over the children to her without showing Visa for the children. So, she was constrained to approach this Court.
3. Since the petitioner/mother was appointed as permanent custodian of the children with permission to take them to Kuwait, she can get custody of the children as long as she is here in Kerala, and till she could take the children to Kuwait after getting Visa.
In the result, the petitioner can take custody of the children namely, Dakshina and Dekshith from the house of the 1st respondent at Poothotta where children are now residing, between 5 p.m and 6 p.m today i.e. 06.05.2022, and she has to put the children back to his residence on 29.05.2022 at 5 p.m. The respondents 1 to 4 shall not cause any obstruction for the petitioner in taking the children from the house of the O.P (FC) No.492 of 2021 3 1st respondent at Poothotta and if she feels any difficulty, she has to be provided necessary assistance by respondents 7 and 8, if she seeks any sort of help from them.
This I.A is allowed accordingly.
Sd/-
DEVAN RAMACHANDRAN JUDGE Sd/-
SOPHY THOMAS JUDGE smp 06-05-2022 /True Copy/ Assistant Registrar