IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
OP (FC) NO. 263 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP 1123/2021 OF
FAMILY COURT, MALAPPURAM
PETITIONER/S:
MANOJ T.K., AGED 46 YEARS,
THAZHATHE THARA HOUSE, PEDAYANTHAL,
CHOKKAD POST, NILAMBUR TALUK,
MALAPPURAM DISTRICT., PIN - 679332.
BY ADVS.
T.K.AJITH KUMAR
AISWARYA RAMESAN
RESPONDENT/S:
SABITHA P., AGED 40 YEARS,
PALLIYALI HOUSE, VEDIVECHAPPARA,
PULLANGOD POST, NILAMBUR TALUK,
MALAPPURAM DISTRICT., PIN - 679329
BY ADV K.RAKESH
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(FC) No.263/2022 2
JUDGMENT
A.Muhamed Mustaque, J.
The father of the minor child is before us. He challenges the coercive steps ordered against him for non-production of the minor child before the Family Court. At the instance of the mother, the Family Court passed an order granting visitation rights to her on every Saturday and Sunday. This order, apparently, has not been complied by the father. That forced the Family Court to take coercive steps against the father. The parties are before us in person. We interacted with the parties. The child has some discomfort with the mother. The child is 10 years old. We are sure that if the child is in the company of the mother for more time in the initial phase, he will be able to familiarise with his own mother. We, in such circumstances, are of the view that on every Saturday except on public holidays from 10 am to 5 pm, the child shall be in the company of the mother. The O.P.(FC) No.263/2022 3 mother is permitted to take the child outside court premise as well. This order will be in force for a period of three months. Thereafter, the Family Court, after interacting with the child, shall pass appropriate orders including granting overnight custody to the mother. The impugned order is modified to the extent as above. The child shall be handed over and returned from the premises of the Judicial First Class Magistrate Court, Nilambur.
The original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
SOPHY THOMAS JUDGE ln O.P.(FC) No.263/2022 4 APPENDIX OF OP (FC) 263/2022 PETITIONER'S EXHIBITS Exhibit-P1 TRUE COPY OF THE PETITION IN I.A.2/2021 IN O.P. 1123/2021 BEFORE THE FAMILY COURT, MALAPPURAM.
Exhibit2 TRUE COPY OF THE COUNTER STATEMENT IN I.A.2/2021 IN O.P. 1123/2021 BEFORE THE FAMILY COURT, MALAPPURAM.
Exhibit-P3 TRUE COPY OF THE ORDER PASSED BY THE FAMILY COURT, MALAPPURAM ON 7.2.2022 IN I.A.2/2022 IN OP NO. 1123/2021. Exhibit-P4 TRUE COPY OF THE ORDER PASSED BY THE FAMILY COURT, MALAPPURAM ON 12.4.2022 IN I.A.2/2022 IN OP NO. 1123/2021. Exhibit-P5 TRUE COPY OF THE ORDER PASSED BY THE FAMILY COURT, MALAPPURAM ON 26.4.2022 IN I.A.2/2022 IN OP NO. 1123/2021.