IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 13TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944
OP (FC) NO. 256 OF 2022
AGAINST THE ORDER/JUDGMENT IN GOP 816/2021 OF FAMILY
COURT, MUVATTUPUZHA
PETITIONER/S:
AJITH.K.S
AGED 29 YEARS
S/O SASINDRAN,
KOLAMPILLIPADY, KOTTAPADY,
ERNAKULAM DISTRICT, PIN - 686692
BY ADVS.
PAUL K.VARGHESE
K.P.S.JALALUDDEEN MOHMMED
RESPONDENT/S:
SILPA. P. S
AGED 28 YEARS
D/O SIVAN,
PULICKEL HOUSE, VAZHAKKULAM,
ALWAYE, PIN - 683105
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
13.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC) No.256 of 2022
-2-
JUDGMENT
Dated this the 13th day of May, 2022 V.G.Arun, J.
The petitioner is aggrieved by the delay in passing order on his application for interim custody of the minor child filed on 09.03.2022.
2. Learned Counsel voiced an apprehension that in the absence of direction to pass orders in a time bound manner, the petitioner will not get custody of his child during this summer vacation.
3. Learned Counsel for the respondent pointed out that, on the previous posting date, the Family Court Judge had interacted with the child and had also allowed the petitioner to have custody of the child for almost 5 hours.
4. In our considered opinion, the application being one for interim custody during summer vacation, it is only appropriate to pass O.P.(FC) No.256 of 2022 -3- orders at the earliest. Therefore, the Family Court, Muvattupuzha is directed to advance and take up I.A.No.2 of 2022 in GOP No.816 of 2021 to 18.05.2022 and to pass orders thereon immediately, after affording an opportunity of hearing to the Counsel on either side.
Sd/-
V.G.ARUN JUDGE sd/-
P.G.AJITHKUMAR JUDGE Scl/13.05.2022 O.P.(FC) No.256 of 2022 -4- APPENDIX OF OP (FC) 256/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE MARRIAGE CERTIFICATE OF THE RESPONDENT WITH VINOD KUMAR DATED 5.9.2020 Exhibit P2 THE WEEDING PHOTOS OF THE RESPONDENT WITH VINOD KUMAR Exhibit P3 A TRUE COPY OF THE CERTIFICATE OF OBSTETRIC SONOGRAPHY ISSUED BY N.S.S MEDICAL MISSION HOSPITAL, PANTHALAM DATED 1.10.2021 Exhibit P4 A TRUE COPY OF THE PHOTOS SHOWING THAT THE RESPONDENT HAS BEEN TAKING ALL THE GOLD ORNAMENTS FROM BY HOME WHILE WENT AWAY FROM MY HOUSE Exhibit P5 A TRUE PHOTOGRAPH OF THE PETITIONER AND THE CHILD Exhibit P6 A TRUE COPY OF THE CUSTODY APPLICATION AS GOP NO. 816/2021 BEFORE THE FAMILY COURT, MUVATTUPUZHA FILED BY THE PETITIONER DATED 7.10.2021 Exhibit P7 A TRUE COPY OF THE INTERIM CUSTODY APPLICATION AS I.A. NO. 2/2022 IN GOP NO. 816/2021 BEFORE THE FAMILY COURT, MUVATTUPUZHA FILED BY THE PETITIONER DATED 1.4.2022 Exhibit P8 A TRUE COPY OF THE ADVANCE PETITION AS I.A. NO. 3/2022 IN G.O.P NO. 816/2021 ON THE FILE OF FAMILY COURT, MUVATTUPUZHA DATED 6.4.2022