Kerala High Court
Geemon Chettiattu vs Dincy Thomas on 9 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
OP (FC).No.472 OF 2020
AGAINST THE ORDER IN I.A.2100/2020 AND 2101/2020 IN OP 1136/2019
OF FAMILY COURT,ERNAKULAM
PETITIONER:
GEEMON CHETTIATTU, AGED 43,
S/O.LATE C.M.CHACKO, CHETTIATTU HOUSE, MATTAKKUZHI
KARA, VARIKOLI P.O., ERNAKULAM DISTRICT, REP. BY
HIS POWER OF ATTORNEY HOLDER, PK.SIVARAMAN NAIR,
AGED 74, S/O.KUNJAN NAIR, PUTHENPURAYIL HOUSE,
VARIKOLI P.O., MATTAKUZHI, ERNAKULAM, PIN- 682 308.
BY ADVS.
SRI.DINESH R.SHENOY
SRI.EBIN MATHEW
SRI.P.ROHIT PREMANANDAN SHENOY
RESPONDENT:
DINCY THOMAS
AGED 42 YEARS
D/O.THOMAS VARGHESE, THAZHOORATH HOUSE,
PERUMPILLY P.O., MULANTHURUTHY, ERNAKULAM,
PIN - 682 314.
R1 BY ADV. SRI.MATHEW KURIAKOSE
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(FC) No.472/2020
-:2:-
J U D G M E N T
Dated this the 9th day of April, 2021
A.Muhamed Mustaque,J.
Petitioner is the father of two children born in
the wedlock with respondent. Petitioner and respondent
are permanent residents of USA. The children are
citizens of USA. The children are now here in India
with the maternal grandmother. The respondent has
come down from USA to take the children to USA.
Petitioner raised no objection in taking the children
abroad. However, he reserved his visitorial and contact
rights over children. A statement has been filed before
this court on 10/02/2021 in regard to the manner in
which he wants to exercise contact and visitorial
rights. The respondent raised no objection in having
contact or visitorial rights subject to US laws.
We therefore dispose of this OP(FC) with the
following directions:-
OP(FC) No.472/2020
(i) Petitioner shall be given interim custody
of the children for five days during
Christmas and one month during long
vacations.
(ii) The children shall not be moved to any
other country without permission of the
petitioner or without orders from the US
Court.
(iii) Petitioner shall provide all child
support in accordance with the US law and
petitioner has agreed to provide the same in
accordance with law.
(iv) The parties are free to move the US court
in regard to obtaining necessary orders.
(v) The petitioner is also allowed to contact
the children on every day in US between 8.00
to 8.30 p.m (US time) through video
conference.
(vi) Petitioner is free to move the US court
for any orders to bring the children from US
to India.
OP(FC) No.472/2020
(vii) Proceedings before the Family Court
shall be closed in the light of the above
directions.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
Rp JUDGE
OP(FC) No.472/2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF OP NO.1136/2019,
FAMILY COURT, ERNAKULAM.
EXHIBIT P2 TRUE PHOTOCOPY OF O.P.NO.13/2018,
FAMILY COURT, MUVATTUPUZHA.
EXHIBIT P3 TRUE PHOTOCOPY OF O.P.NO.379/2018,
FAMILY COURT, MUVATTUPUZHA.
EXHIBIT P4 TRUE PHOTOCOPY OF I.A.NO.4658/2019 IN
O.P.NO.1136/2019, FAMILY COURT,
ERNAKULAM.
EXHIBIT P5 TRUE PHOTOCOPY OF MEDICATION SETTLEMENT
DATED 9/10/2019 IN O.P.NO.1136/2019,
FAMILY COURT, ERNAKULAM.
EXHIBIT P6 TRUE PHOTOCOPY OF ORDER DATED 9/10/2019
IN I.A.NO.2837/2019 IN
O.P.NO.1136/2019, FAMILY COURT,
ERNAKULAM.
EXHIBIT P7 TRUE PHOTOCOPY OF I.A.NO.6817/2019 IN
O.P.NO.1136/2019, FAMILY COURT,
ERNAKULAM.
EXHIBIT P8 TRUE PHOTOCOPY OF ORDER DATED 6/12/2019
IN IA NO.6817/2019 IN OP 1136/2019,
FAMILY COURT, ERNAKULAM.
EXHIBIT P9 TRUE PHOTOCOPY OF JUDGMENT DATED
13/2/2020 IN O.P.(FC) NO.27/2020, HIGH
COURT OF KERALA.
EXHIBIT P10 TRUE PHOTOCOPY OF AFFIDAVIT DATED
6/3/2020 FILED BY THE RESPONDENT'S
MOTHER LEELAMMA IN O.P.(GUARDIAN)
NO.1136/2019, FAMILY COURT, ERNAKULAM.
OP(FC) No.472/2020
EXHIBIT P11 TRUE PHOTOCOPY OF DEPOSITION OF
LEELAMMA THOMAS IN O.P.NO.1136/2019,
FAMILY COURT, ERNAKULAM WITH TRUE
ENGLISH TRANSLATION.
EXHIBIT P12 TRUE PHOTOCOPY OF I.A.NO.1681/2020 IN
OP (G&W) NO.1136/2019, FAMILY COURT,
ERNAKULAM.
EXHIBIT P13 TRUE PHOTOCOPY OF EMAIL DATED 7/3/2020.
EXHIBIT P14 TRUE PHOTOCOPY OF I.A.NO.1969/2020 IN
O.P.NO.1136/2019, FAMILY COURT,
ERNAKULAM.
EXHIBIT P15 TRUE PHOTOCOPY OF AFFIDAVIT DATED
30/6/2020 FILED BY THE RESPONDENT
HEREIN IN IA NO.1968/2020 IN
O.P.NO.1136/2019, FAMILY COURT,
ERNAKULAM.
EXHIBIT P16 TRUE PHOTOCOPY OF OBJECTION DATED
12/6/2020 FILED ON BEHALF OF THE
RESPONDENT IN I.A.NO9.1681/2020 IN OP
NO.1136/2019, FAMILY COURT, ERNAKULAM.
EXHIBIT P17 TRUE PHOTOCOPY OF ADDITIONAL COUNTER
AFFIDAVIT FILED IN I.A.NO.1681/2020 IN
O.P.NO.1136/2019, FAMILY COURT,
ERNAKULAM.
EXHIBIT P18 TRUE PHOTOCOPY OF I.A.NO.2100/2010 IN
O.P.NO.1136/2019, FAMILY COURT,
ERNAKULAM.
EXHIBIT P19 TRUE PHOTOCOPY OF OBJECTION DATED
16/7/2020 FILED IN I.A.N0.2100/2020 IN
O.P.NO.1136/2019, FAMILY COURT,
ERNAKULAM.
EXHIBIT P20 TRUE PHOTOCOPY OF I.A.NO.2101/2020 IN
O.P.NO.1136/2019, FAMILY COURT,
OP(FC) No.472/2020
ERNAKULAM.
EXHIBIT P21 TRUE PHOTOCOPY OF OBJECTION IN IA
NO.2101/2020 IN O.P.NO.1136/2019 DATED
16/7/2020, FAMILY COURT, ERNAKULAM.
EXHIBIT P22 TRUE PHOTOCOPY OF ORDER DATED 27/7/2020
IN I.A.NO.1681/2020 IN
O.P.NO.1136/2019, FAMILY COURT,
ERNAKULAM.
EXHIBIT P23 TRUE PHOTOCOPY OF COMMON ORDER DATED
27/7/2020 IN I.A.NO.2100/2020 DATED
2101/2020, FAMILY COURT, ERNAKULAM.
EXHIBIT P24 TRUE PHOTOCOPY OF THE AGREEMENT
EXECUTED BETWEEN THE PETITIONER AND
RESPONDENT, SENT BY E MAIL
ANNEXURE A1 2-2 FORM FILED BY THE PETITIONER'S
EXMPLOYER, THE UNITES STATES POSTAL
SERVICE.
ANNEXURE A2 TRUE PHOTOCOPY OF SUMMONS RECEIVED BY
THE PETIIONER IN DOCKET NO.FD-07-00879-
21 FROM THE SUPREME COURT OF NEW JERSEY
ISSUED ON 24/12/2020.
RESPONDENT'S EXHIBITS:
EXHIBIT R1(a) TRUE COPY OF POWER OF ATTORNEY DATED
20.6.2019 EXECUTED BY THE RESPONDENT.
EXHIBIT R1(b) TRUE COPY OF COMMISSION REPORT FILED BY
ADV.SASIKUMAR P.K DATED 18.6.2019.
EXHIBIT R1(c) TRUE COPY OF COUNTER AFFIDAVIT FILED BY
THE PETITIONER DATED 29.6.2019.
EXHIBIT R1(d) TRUE COPY OF ORDER DATED 10/10/2019
DIRECTING POLICE ASSISTANCE TO THE
ADVOCATE COMMISSIONER.
OP(FC) No.472/2020
EXHIBIT R1(e) TRUE COPY OF THE RESIDENTIAL LEASE
AGREEMENT DATED 12/8/2020 EXECUTED
BETWEEN THE RESPONDENT IN THE OP AND
THE LAND LORD, M/S.FRANKLIN LLC AT US
EXHIBIT R1(f) TRUE COPY OF THE EMPLOYMENT CERTIFICATE
DATED 4/1/2021 ISSUED BY M/S. LITTLE
CASARS IN RESPECT OF THE RESPONDENT IN
THE OP
EXHIBIT R1(G) TRUE COPY OF THE W-2 FORM FILED BY THE
RESPONDENTS EMPLOYER LC FRANKLIN MJ LLC
NEW JERCY USA
