Kerala High Court
Chinju Sreekumar vs Gireesh Kumar 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.123 OF 2021
AGAINST THE ORDER/JUDGMENT IN G.O.P.NO.579/2020 OF
FAMILY COURT, THRISSUR
--------------
PETITIONER/S:
1 CHINJU SREEKUMAR, AGED 31 YEARS,
D/O.SREEKUMAR,LAKSHMIBHAVAN,
KIDANGUR VILLAGE CHEMBILAVAU DESOM,
MEENACHIL TALUK, KOTTAYAM NOW RESIDING
AT AMBADI LANE, KOLLALE DESOM, VELIYANNUR POST,
THRISSUR VILLAGE, THRISSUR.
2 MINOR VISHNU, AGED 8 YEARS,
REPRESENTED BY THE MOTHER,
CHINJU SREEKUMAR, AMBADI LANE,
KOLLALE DESOM, VELIYANNUR POST,
THRISSUR VILLAGE, THRISSUR.
BY ADV. SRI.S.NIDHEESH
RESPONDENT/S:
GIREESH KUMAR, AGED 41 YEARS,
S/O.PANANGATTIL VEETIL GOVINDANKUTTY,
THALIKKULAM VILLAGE, THALIKKULAM POST,
CHAVAKKAD, THRISSUR-680569.
BY ADV. SHRI.PRABHU K.N.
BY ADV. SHRI.MANUMON A.
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 09.04.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No.123/2021 2
JUDGMENT
Dated this the 9th day of April 2021
A.Muhamed Mustaque, J.
This original petition was filed by the mother of
the child challenging the order in an application for
interim custody. The marriage between the first
petitioner and the respondent was dissolved by a decree
of divorce. There was an agreement with regard to
custody of the child. That apparently has not worked
out. The father, therefore, approached the Family Court.
The Family Court in an application for interim custody
passed the following order:
"Both parties have admitted that their marriage
has been dissolved on mutual consent. It is also
admitted by both parties that regarding interim custody
of the minor there was agreement between the parties at
the time of dissolution of marriage. At the time of
hearing it was submitted that the earlier arrangement
between the parties was for giving custody of the child
to the petitioner during the first half of Onam and
Christmas and summer vacations. Admittedly, the
petitioner herein was not given the said custody during
the last Onam and Christmas holidays. Therefore, I am
inclined to allow this I.A. directing the respondent to
hand over interim custody of the minor to the
petitioner from 10 a.m. on every 2nd Saturday till 4
p.m. on the following Sunday and also during the first
half of Onam and Christmas and summer vacations. The
respondent shall intimate the petitioner atleast one
week before the date of commencement of the vacation.
The venue for exchanging custody shall be the office of
this court."
2. There are some confusions regarding custody
during the summer holidays in the light of the agreement
entered into between the parties. We clarify that the
father will be entitled to custody of the child for five
days in the first half of the summer holidays as well as
in the second half of the summer holidays. Besides, the
father will also be entitled to custody as ordered in
the impugned order on every second Saturdays. Clarifying
the agreement as above, we dispose of this original
petition. It is made clear that the mother is permitted
to contact the child while in the father's custody
through video call on everyday between 7 p.m. to 7.30
p.m.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ln
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AGREEMENT DATED 19.12.2018.
EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 27.2.2020
EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 20.4.2020
EXHIBIT P4 TRUE COPY OF THE F.O.P 579/20 FILED BEFORE THE
FAMILY COURT,THRISSUR DATED 20.3.2020
EXHIBIT P5 TRUE COPY OF THE I.A.2/2020 IN G.O.P 579/20
FILED BEFORE THE FAMILY COURT,THRISSUR DATED
20.3.2020
EXHIBIT P6 TRUE COPY OF THE OBJECTION OF THE PETITIONER
IN I.A.2/2020 IN G.O.P.NO.579/20 FILED BEFORE
THE FAMILY COURT,THRISSUR DATED 11.1.2021.
EXHIBIT P7 TRUE COPY OF THE ORDER IN I.A.NO.2/2020 IN
G.O.P.NO.579/20 OF THE FAMILY COURT,THRISSUR
DATED 4.2.2021.
RESPONDENT'S EXHIBITS:NIL.
//TRUE COPY//
P.A.TO JUDGE
