Raimy Abraham vs Jimu George
2021 Latest Caselaw 12070 Ker

Mat.Appeal 142/2020                               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

                         Friday,the 16th day of April 2021/26th Chaithra, 1943
            For information       purpose only
                      Mat.Appeal No.142/2020
Against OP No.719/2017 of the FAMILY COURT, MUVATTUPUZHA
APPELLANTS /RESONDENTS:
1.RAIMY ABRAHAM,,AGED 32 YEARS
     D/O.ABRAHAM, CHAMAKALAYIL HOUSE, THANKALAM
     KARA,THRIKARIYOOR VILLAGE, KOTHAMANGALAM TALUK,
     ERNAKULAM DISTRICT - 686 691.
2.ELAMMA,,AGED 70 YEARS
     D/O.YOHANNAN, EDAKKARA HOUSE, VENGOOR KARA, VENGOOR
     VILLAGE, KOTHAMANGALAM TALUK,ERNAKULAM DISTRICT.
(Address of the appellants wrongly shown in the judgment as
1. RAIMY, D/O. ABRAHAM CHAMAKKALAYIL,AGED 35 YEARS, RESIDING AT
EDAKKARA HOUSE, VENGOOR VILLAGE.
2. ELAMMA, AGED 70 YEARS, D/O. YOHANNAN,EDAKKARA HOUSE, VENGOOR
KARA, VENGOOR VILLAGE )

BY ADVOCATES M/S. T.B. MINI AND T.A. KATHIRUKUNJU

RESPONDENT/ PETITIONER:
        JIMU GEORGE,
        S/O.GEORGE THARIAN, AGED 38 YEARS, ARACKAL HOUSE, AIMURI KARA,
        KOOVAPPADY VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM
        DISTRICT - 683 544.

BY ADVOCATE Smt. P.V. KOCHUTHRESIA

       This Matrimonial Appeal having come up for orders on 16.04.2021 upon perusing this
Court's Order dated 09.02.2021, the court on the same day passed the following
               P.B.SURESH KUMAR & K.BABU, JJ.
             -----------------------------------------------
                 Mat. Appeal No.142 of 2020
             -----------------------------------------------
           Dated this the 16th day of April, 2021.

    For information purpose only
                ORDER

This matter is listed today as directed by this Court

on the basis of the submission made by the learned counsel for

the respondent that the interim order passed in the matter on

09.02.2021 is not being obeyed by the first appellant.

2. In terms of the interim order dated 09.02.2021,

the respondent was granted custody of the child referred to in

the appeal from 10 am to 4 pm on every Saturday except

second Saturday or on Saturday declared as public holiday, for

a period of one month.

3. The counsel for the first appellant submits that

non compliance of the interim order dated 09.02.2021 was not

wilful and was on account of reasons beyond her control. The

counsel also submitted that the first appellant is present in

court with the child.

4. We have consequently directed the first appellant

to hand over custody of the child to the respondent in the

morning session of the court and accordingly, the first appellant

For information purpose only has handed over the custody of the child to the respondent and

the respondent has returned the custody of the child back to

the first appellant in the evening session of the court.

5. In the light of the aforesaid development, we

modify the interim order dated 09.02.2021 directing the first

appellant to hand over custody of the child to the respondent

again on 24.04.2021 and 15.05.2021.

List the matter on 21.05.2021

Sd/-

P.B.SURESH KUMAR, JUDGE

Sd/-

K.BABU, JUDGE.

YKB

/true copy/ Sd/- ASSISTANT REGISTRAR