Tuesday vs Deepa M.K.
2021 Latest Caselaw 11974 Ker

IA/5/2021 IN Mat.Appeal 391/2020                    1/3



                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                                 Present:
                     THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
                                                  &
                              THE HONOURABLE MR.JUSTICE K. BABU

                          Tuesday,the 13th day of April 2021/23rd Chaithra, 1943
            For information          purpose only
                    IA/5/2021 IN Mat.Appeal/391/2020
Against OP No.484/2018 of the FAMILY COURT, OTTAPPALAM
PETITIONER/APPELLANT
        DEEPA M.K.,,AGED 32 YEARS
        D/O. KESAVA MENON, MANIYANGHAT HOUSE, KANIYARCODE P.O.,
        THIRUVILWAMALA, TRICHUR-680594.
RESPONDENT/RESPONDENT
        PRADEEP CHANDRAN C.V.,
        AGED 38 YEARS, S/O. LATE RAMANCHANDRAN M.P., PRAVITHA NIVAS,
        PATTAMBI P.O., PATTAMBI,679303 PALAKKAD DISTRICT

             Application praying that in the circumstances stated in the affidavit filed therewith
        the High Court be pleased that the interim custody of the monor child during
        vacation/holidays to the respondent as ordered by this Hon'ble Court may kindly be
        deferred for a period of six months to facilitate the child to acquire complete mental
        health, and also permit to continue interaction with the respondent through whatsapp
        video call during the period.

         This application coming on for orders upon perusing the application and the affidavit
filed in support thereof, and this court's           judgment dated 16/02/2021 and order dated
17/03/2021 in IA 1/2021 upon hearing the arguments of M/S P.R.JAYAKRISHNAN, R.REJI
KUMAR, Advocates for the petitioner and of R.SREEHARI                 Advocate for the respondent,
the court passed the following;
                P.B.SURESH KUMAR & K.BABU, JJ.
              -----------------------------------------------
                          I.A.No.5 of 2021
                                    in
    For information
           Mat. Appeal No.purpose
                           391 of 2020 only
              -----------------------------------------------
             Dated this the 13th day of April, 2021.


                               ORDER

P.B.Suresh Kumar, J.

The appellant is the petitioner in the interlocutory

application. The respondent is the husband of the appellant. The

appeal is one instituted challenging the decision in O.P.No.484 of

2018 on the files of the Family Court, Ottappalam instituted by the

respondent for custody of their minor daughter, Nilofer. The appeal

was disposed of by this court as per the judgment dated 16.02.2021

modifying the decision of the Family Court and directing, among

others, that the appellant shall handover the custody of Nilofer to

the respondent from 19.4.2021 to 24.04.2021 and from 10.05.2021

to 15.5.2021. The petitioner seeks modification of the direction

aforesaid in the judgment.

2. We are afraid, if at all any ground exists justifying the

MAT Appeal No.391 of 2020

modification sought by the petitioner, it can be done only in a

properly instituted review petition. The interlocutory application, in

For information purpose only the circumstances, is dismissed.

Sd/-

P.B.SURESH KUMAR, JUDGE

Sd/-

K.BABU, JUDGE.

YKB

/true copy/ Sd/- ASSISTANT REGISTRAR