Soumya A.S vs Murali V.A
2021 Latest Caselaw 11082 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

       THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                  &

        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                     OP (FC).No.390 OF 2020

AGAINST THE ORDER IN IA 2465/2020 IN OP 1431/2020 OF FAMILY
                      COURT,ERNAKULAM


PETITIONER:

              SOUMYA A.S
              AGED 25 YEARS
              D/O SUBRAMANYAN,AINEPPULLY HOUSE,
              CHIRAKKAL,VARAPPUZHA,VARAPPUZHA.P.O,
              ERNAKULAM DISTRICT, PIN-683 517.

              BY ADVS.
              SRI.M.T.BALAN
              SMT.B.VIJUBALA

RESPONDENT:

              MURALI V.A
              AGED 43 YEARS
              S/O APPUKUTTAN,VADASHERRY HOUSE,
              PUTHUVYPE.P.O, ERNAKULAM DISTRICT,
              PIN-682508.

              R1 BY ADV. SRI.C.P.PEETHAMBARAN

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(FC) No.390/2020

                                 -:2:-


                            J U D G M E N T

Dated this the 7th day of April, 2021

A.Muhamed Mustaque,J.

This OP was filed challenging Ext.P5 order of the

Family Court in an application for interim custody.

The application has been dismissed with certain riders.

The operative portion of the order is as follows:-

"In the result, I.A.2465/2020 stands dismissed. However, the petitioner is given visitation right to meet the child on every Sunday at her matrimonial home without any sort of resistance, obstruction or disturbance from the respondent or his parents. She is also permitted to see the child on all other days by making video calls to the cell phone number of the respondent. In that regard also, there shall not be any obstruction from the side of the respondent. This order will be in force until further orders."

2. We feel that the above order requires certain

modification. The mother cannot be deprived of her

right to contact the child directly. Besides the order

passed by the Family Court, we direct the respondent

to facilitate the petitioner to contact the child every

Saturday between 3.00 to 4.00 p.m through the premises

of the Family Court except on second Saturdays. OP(FC) No.390/2020

With the slight modification as above, we dispose

of this Original petition. The custody sought for by

the petitioner shall be decided by the Family Court at

the appropriate stage untrammelled by any of the

observations made in this judgment.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

DR. KAUSER EDAPPAGATH

Rp JUDGE OP(FC) No.390/2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE O.P.NO.1431/2020 DATED 12/08/2020 ON THE FILE OF THE HONOURABLE COURT,ERNAKULAM

EXHIBIT P2 TTHE TRUE COPY OF THE I.A.NO.2465/2020 DATED 15/9/20 IN O.P.NO.1431/2020 ON THE FILE OF THE HONOURABLE FAMILY COURT,ERNAKULAM

EXHIBIT P3 THE TRUE COPY OF THE ACCIDENT CUM WOUND CERTIFICATE DATED 9/7/20 OF THE PETITIONER ISSUED FROM COMMUNITY HEALTH CENTER,VARAPPUZHA

EXHIBIT P4 THE TRUE COPY OF THE OBJECTION FILED 25/08/2020 TO THE EXT P2 INTERIM CUSTODY PETITION FILED BY THE RESPONDENT

EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED 15/9/20 IN I.A.2465/20 IN O.P.NO.1431/2020 BY THE FILE OF THE HONOURABLE FAMILY COURT,ERNAKULAM.

RESPONDENT'S EXHIBITS EXT.R1(A) TRUE COPY OF THE COMPLAINT DATED 12.6.2020 SUBMITTED BEFORE THE S.I.NJARAKKAL POLICE STATION.

EXT.R1(b) TRUE COPY OF THE COMPLAINT DATED 12.6.2020 SUBMITTED BEFORE THE S.I.NJARAKKAL POLICE STATON.

EXT.R1(c) PHOTOGRAPHS OF THE CHILD ALONG WITH HER COUSINE BROTHER AND SISTERS.

EXT.R1(d) THE POSTAL ITEM RETURNED TO THE COUNSEL FOR THE RESPONDENT.