Kerala High Court
Alex V.C vs Saramma Simon on 11 April, 2024
Author: Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
OP (FC) NO. 174 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.575 OF 2019 OF
FAMILY COURT, PATHANAMTHITTA
PETITIONER/S:
ALEX V.C., AGED 46 YEARS
S/O LATE CHERIAN VARGHESE, VAKKAYIL HOUSE,
CHATHANTHARA PO, KOLLAMULA,
PATHANAMTHITTA (DIST), PIN - 686510
BY ADV GERRY DOUGLES S.
RESPONDENT/S:
1 SARAMMA SIMON, AGED 40 YEARS
D/O SIMON, PALLIYATH KALAYIL VEEDU, ERAM PO,
MALAYALAPPUZHA VILLAGE, KOZHENCHERRY TALUK
PATHANAMTHITTA DIST., PIN - 689664
2 SIMON P. C., AGED 62 YEARS
S/O CHERIAN, PALLIYATH KALAYIL VEEDU, ERAM PO,
MALAYALAPPUZHA VILLAGE, KOZHENCHERRY TALUK
PATHANAMTHITTA DIST., PIN - 689664
3 ELYAMMA SIMON, AGED 60 YEARS
W/O SIMON P. C., PALLIYATH KALAYIL VEEDU, ERAM PO,
MALAYALAPPUZHA VILLAGE, KOZHENCHERRY TALUK
PATHANAMTHITTA DIST., PIN - 689664
BY ADV K.N.RADHAKRISHNAN (THIRUVALLA)
2
OP(FC) No.174 of 2024
OTHER PRESENT:
SRI K N RADHAKRISHNAN, FOR PARTY RESP.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
OP(FC) No.174 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner herein is the petitioner in O.P. No.575 of 2019 on the file of the Family Court, Pathanamthitta. The aforesaid petition has been filed seeking permanent custody of his minor child, who is now aged 12 years.
2. According to the petitioner, Ext. P2 application has been filed before the Family Court seeking interim custody of the child and the same is pending consideration. He requests that the same be ordered to be considered expeditiously.
3. This Court by order dated 13.03.2024 called for a report from the Family Court as to the time frame within which the matter can be disposed of.
4. In the report it is stated that there is no Presiding Officer in the Family Court, Pathanamthitta, and the Family Court, Thiruvalla is in additional charge. The same officer is also holding additional charge of Family Court, Adoor as well. However, in the report, it is stated that the 4 OP(FC) No.174 of 2024 application filed for interim custody can be heard and disposed of on or before 06.06.2024.
5. At this stage, the counsel appearing for the petitioner submits that he has had no opportunity to interact with his daughter and requests that until the matter is heard and disposed of, an interim arrangement be made.
6. Sri. K.N. Radhakrishnan, the counsel appearing for the respondent, vehemently opposed the submissions.
7. Having considered the submissions advanced, we are of the view that being the father, the petitioner is entitled to day custody of the child during Saturdays till the application is heard and disposed of by the Family Court.
8. Having regard to the facts and circumstances, there will be a direction to the 1st respondent to produce the child before the Sheristadar, Family Court, Pathanamthitta at 10:00 a.m. every Saturday. The child shall be returned to the custody of the 1st respondent at 4:00 p.m. on the same day at the same venue. On Tuesdays and 5 OP(FC) No.174 of 2024 Thursdays, the petitioner is permitted to interact with his daughter through video calls for 15 minutes between 7:00 p.m. and 8:00 pm. While considering the Original Petition and the application, the Family Court shall independently assess the matter and shall not be tied down to the directions issued by this as an interim measure.
The Family Court shall make an endeavor to implement the undertaking given before this Court as per the report dated 22.3.2024.
sd/-
RAJA VIJAYARAGHAVAN V JUDGE sd/-
P.M.MANOJ JUDGE das 6 OP(FC) No.174 of 2024 APPENDIX OF OP (FC) 174/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF O.P. NO. 575/2019 ON THE FILES OF THE HON'BLE FAMILY COURT, PATHANAMTHITTA. Exhibit P2 TRUE COPY OF IA NO. 1/2022 IN O.P. NO.
575/2019 ON THE FILES OF THE HON'BLE FAMILY COURT, PATHANAMTHITTA.