Akhilesh S vs Remya R
2021 Latest Caselaw 16005 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
            THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                        &
             THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
       MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                           OP (FC) NO. 176 OF 2020
     AGAINST THE ORDER/JUDGMENT IN OP 840/2018 OF FAMILY COURT,
                      PATHANAMTHITTA, PATHANAMTHITTA
PETITIONER/S:

            AKHILESH S.
            AGED 38 YEARS
            S/O. SOMAN PILLAI, AKHILESH BHAVAN, NEELIKULAM,
            VAVVAKKAVU P.O., KARUNAGAPPALLY TALUK,KOLLAM DISTRICT
            BY ADV GISA SUSAN THOMAS


RESPONDENT/S:

            REMYA R.
            D/O.BALAKRISHNA PILLAI, SREEVASAM BHAGAVATHIKKUM
            PADINJARU, KEERUKUZHY , THATTA,PATHANAMTHITTA DISTRICT-
            689502
            BY ADVS.
            SRI.K.I.MAYANKUTTY MATHER
            KUM.NARAYANI HARIKRISHNAN



     THIS   OP   (FAMILY    COURT)    HAVING   COME   UP   FOR   ADMISSION   ON
02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC) NO.176/2020            2



                           JUDGMENT

A.Muhamed Mustaque, J.

This original petition was filed with the following

prayers:

i. Directing the respondent to permit the petitioner to have access with minor ward "Aradhya R." through Video Call with a specific time to be fixed by this Hon'ble Court.

ii.That a order or direction be passed directing the Family Court, Pathanamthitta to take up I.A.No.164/2019 on its file and to dispose of the same within a time to be fixed by this Hon'ble Court.

2. This Court on 30.04.2020 passed the following

interim order:

"In this Original Petition, the petitioner has sought for permission to allow him to have video conferencing with his minor child, who is along with her mother at Bangalore.

2. Heard both sides and both the counsel agreed for an arrangement to make it convenient for the petitioner to have video conferencing with his child on 3 days in a week starting from 02.05.2020. Time is also fixed as between 6 p.m. and 7 p.m.

3. It is made clear that the respondent shall co-operate and make arrangement to have the child interaction with her father through video-conferencing on all these 3 days in a week (Monday, Wednesday and Saturday) between 6 p.m. and 7 p.m. until further orders."

3. The respondent has no objection in the

continuation of the above interim order. In the light of

the fact that the matter is pending before the Family

Court, Pathanamthitta, making the interim arrangement in

force till the disposal of the matter before the Family

Court, we dispose of this Original Petition. Both

parties are given liberty to alter or modify the

arrangement as above, before the Family Court for any

cogent reasons. This interim order has been passed as

above taking note of the fact that the respondent along

with the child, is residing in Bangalore. This

arrangement will continue till COVID restrictions are

over. Once the COVID restrictions are lifted, the

parties are abide by the directions in Ext.P3.

The original petition is disposed of as above.

Sd/-A.MUHAMED MUSTAQUE, JUDGE

Sd/-DR. KAUSER EDAPPAGATH, JUDGE ln

APPENDIX OF OP (FC) 176/2020

PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE OP NO.840/2018 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, PATHANAMTHITTA EXHIBIT P2 COPY OF THE ORDER DATED 14.11.2018 IN IA NO.1342/2018 IN OP NO.840/2018 PASSED BY THE FAMILY COURT, PATHANAMTHITTA EXHIBIT P3 COPY OF THE JUDGMENT DATED 14.01.2019 IN O.P(FC) NO.670/2018 PASSED BY THE HON'BLE HIGH COURT EXHIBIT P4 COPY OF THE PETITION, IA NO.164/2019 FILED BY THE PETITIONER BEFORE FAMILY COURT, PATHANAMTHITTA EXHIBIT P5 COPY OF THE OBJECTION FILED BY THE RESPONDENT IA NO.164.2019 IN OP NO 840/2018 ON THE FILE OF FAMILY COURT, PATHANAMTHITTA EXHIBIT P6 COPY OF THE WHATSAPP MESSAGE SENT TO RESPONDENT THROUGH MOBILE PHONE OF THE PETITIONER