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
O.P.(FC) NO. 252 OF 2022
AGAINST THE ORDER IN OP (GW) 1357/2017 OF FAMILY COURT,
KOTTAYAM
PETITIONER/RESPONDENT:
ANNU JACOB,
AGED 38 YEARS, W/O THARUN KOSHY &
D/O A.JACOB THOMAS, THEKKETHATTIL HOUSE,
OPPOSITE RAILWAY STATION, RAILWAY STATION ROAD,
KOTTAYAM - 686 001.
BY ADVS.
P.B.SUBRAMANYAN
P.B.KRISHNAN
SABU GEORGE
MANU VYASAN PETER
RESPONDENT/PETITIONER:
THARUN KOSHY
AGED 39 YEARS, S/O P.KOSHY,
KAIPPANATTU PUTHENPURAYIL, PUTHUPPALLY P.O.,
PUTHUPALLY KARA AND VILLAGE, KOTTAYAM TALUK AND
DISTRICT - 686 011.
BY ADVS.
PHILIP T.VARGHESE
ACHU SUBHA ABRAHAM
V.T.LITHA
K.R.MONISHA
SHRUTHI SARA JACOB
ALEX THOMAS
2
O.P.(FC) No.252 of 2022
THIS OP (FAMILY COURT) HAVING COME UP FOR FINAL
HEARING ON 13.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
O.P.(FC) No.252 of 2022
JUDGMENT
V.G.Arun, J.
As per order dated 10.05.2022, this Court had directed the petitioner to hand over custody of the minor child to the respondent at 5.00 p.m. on 10.05.2022 and the parties along with the child, were directed to be present today.
2. Learned counsel for the petitioner submits that rather than giving custody of the child to the father at a stretch, the emotional well being of the child warrants granting of custody intermittently.
3. We find the above suggestion to be well founded. The learned counsel for the respondent also do not oppose the suggestion.
4. Therefore, the respondent is directed to hand over custody of the child to the petitioner at 4.00 p.m. on 14.05.2022. The petitioner shall have custody of the child till 21.05.2022 and shall hand over custody to the respondent at 4.00 p.m. on that date. Thereafter, the custody of the child shall remain with the respondent till 28.05.2022. The 4 O.P.(FC) No.252 of 2022 respondent shall hand over custody of the child to the petitioner at 4.00 p.m. on 28.05.2022.
5. As the challenge in this Original Petition is only against Ext.P6 order granting interim custody of the minor child to the respondent up to 28.05.2022, nothing survives for consideration. Accordingly, the Original Petition is closed with the above directions.
6. We make it clear that the above directions are issued for the purpose of granting interim custody of the minor child to both the parents during this vacation and the parties are at liberty to independently agitate their cause before the Family Court.
Sd/-
V.G.ARUN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE dkr APPENDIX OF OP (FC) 252/2022 PETITIONER EXHIBITS Exhibit P1 EXT.P1, DATED NIL-9-2017, TRUE COPY OF O.P(DIV) NO.937 OF 2017 ON THE FILE OF THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR Exhibit P2 EXT.P2, DATED 16-12-2017, TRUE COPY OF O.P.(G&W) NO.1357 OF 2017 ON THE FILE OF THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR Exhibit P3 EXT.P3, DATED 19-09-2018, TRUE COPY OF THE OBJECTION IN O.P.(G&W) NO.1357 OF 2017 FAMILY COURT, KOTTAYAM AT ETTUMANOOR Exhibit P4 EXT.P4, DATED 11-04-2022, TRUE COPY OF I.A.NO.3 OF 2022 IN O.P.(G&W) NO.1357 OF 2017 ON THE FILE OF THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR. Exhibit P5 EXT.P5, DATED 10-04-2022, TRUE COPY OF THE OBJECTION FILED IN I.A.NO.3 OF 2022 IN O.P.(G&W) NO.1357 OF 2017 ON THE FILE OF THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR.
Exhibit P6 EXT.P6, DATED 28-04-2022, TRUE COPY OF THE ORDER IN I.A.NO.3 OF 2022 IN O.P.NO.1357 OF 2017 ON THE FILE OF THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR. Exhibit P7 EXT.P7, DATED NIL, TRUE COPY OF THE LETTER WRITTEN BY THE RESPONDENT TO ONE OF HIS GIRLFRIEND'S.
Exhibit P7(a) EXT.P7(A), TYPED/READABLE COPY OF EXT.P7.