IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
OP (FC) NO. 86 OF 2022
AGAINST THE ORDER/JUDGMENT IN OPGW 1631/2021 OF FAMILY
COURT, MAVELIKKARA
PETITIONER:
JAYAPRASAD G., AGED 35 YEARS, S/O.GOPINATHA
BHAKTHAN, CHAKKANATTU MADAM, PARAKKODU,
PUTHUMALA, EZHAMKULAM VILLAGE, PATHANAMTHITTS
DISTRICT, PIN - 691 554.
BY ADV K.RAKESH
RESPONDENT:
SUKANYA SHENOY, AGED 27 YEARS, W/O.JAYAPRASAD,
MUTHUVARIRAVAN HOUSE, KARTHIKAPALLY TALUK, ERUVA
P.O., KAYAKULAM VILLAGE, ALAPPUZHA DISTRICT, PIN
- 690 572.
BY ADVS.
P.B.SAHASRANAMAN
T.S.HARIKUMAR
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (FC) NO. 86 OF 2022
..2..
J U D G M E N T
A. Muhamed Mustaque, J The issue in this case is in regard to the custody of the minor children born in the wedlock between the petitioner and the respondent. The petitioner is the father of the children. On the application filed by the petitioner-father for the interim custody of the children, the Family Court passed the following order:
The respondent is directed to produce the children at 10 am on 22.12.2021 and 23.12.2021 before the CMO of this Court and hand over the custody of the children to the petitioner. The petitioner is permitted to have to custody of the children till 4 pm on 22.12.2021 and 23.12.2021. Give back the custody of the children to the respondent before the CMO on 22.12.2021 and 23.12.2021 by 4 pm. Not being satisfied with the order, the petitioner- father approached this Court.
2. Taking note of the facts and circumstances, we allowed the petitioner-father to have a longer period of custody during the vacation. There are allegations against him on a breach of order passed OP (FC) NO. 86 OF 2022 ..3..
by this Court in not handing over the children as ordered by this Court. Be that as it may, the children have been produced before this Court. Hence, we are forthwith handing over the children to the mother. The petitioner-father will have the custody of the children on every Friday at 5 pm to the ensuing Sunday at 5 pm. The children shall be handed over and returned from the premises of the Judicial First Class Magistrate Court, Kayamkulam. This arrangement will continue till further order is passed by the Family Court. The Family Court is given liberty to pass any appropriate order in regard to custody.
This original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
SOPHY THOMAS JUDGE PR OP (FC) NO. 86 OF 2022 ..4..
APPENDIX OF OP (FC) 86/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE OP(G&W) NO.1631/2021 DATED 22/11/2021 OF THE FAMILY COURT, MAVELIKKARA.
Exhibit P2 TRUE COPY OF THE OBJECTION SUBMITTED BY THE RESPONDENT TO EXHIBIT P1 O.P., DATED /12/2021.
Exhibit P3 TRUE COPY OF THE ORDER DATED 20/12/2021 IN I.A.NO.1/2021 IN O.P.NO.1631/2021 OF THE FAMILY COURT, MAVELIKKARA.
Exhibit P4 TRUE COPY OF THE OP(HMA) NO.736/2021 DATED 15/6/2021 FILED BEFORE THE FAMILY COURT, MAVELIKKARA FILED BY THE PETITIONER.
Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED 2/2/2022 ISSUED FROM THE OFFICE OF THE AKHILA KERALA VRIDHA SADANAM, MARANKULANGARA, KALAVOOR, ALAPPUZHA.