Sujitha M.V vs Vinod Kumar
2021 Latest Caselaw 16143 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                 &
      THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943
                    OP (FC) NO. 354 OF 2021
   AGAINST THE ORDER/JUDGMENT IN OP 102/2020 OF FAMILY
                     COURT, KANNUR, KANNUR
PETITIONER:

         SUJITHA M.V, AGED 40 YEARS, W/O. VINOD KUMAR,
         INDHEEVARAM, CHOOLIYAD, MALAPPURAM AMSOM DESOM
         BY ADVS.
         JOHN K.GEORGE
         ERFANA PARAMBADAN


RESPONDENT:

         VINOD KUMAR, AGED 47 YEARS, S/O. KRISHNAN
         NAMBIAR, KRISHNA PAZHASSI AMSOM, NELLUNNI
         DESOM, MATTANNUR P.O., KANNUR DISTRICT,PIN-670
         702
         BY ADVS.
         CIBI THOMAS
         LOHITHAKSHAN CHATHADI KANNOTH



     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
03.08.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP (FC) NO. 354 OF 2021
                                     ..2..



                               JUDGMENT

A.Muhamed Mustaque, J

The mother, who is the respondent in O.P No. 102 of 2020 on the

file of the Family Court, Kannur, impugned the interim order with this

Original Petition. The impugned order reads thus:

"Respondent shall produce the child at the office of Chief Ministerial Officer at 10 am on all 1st and 3rd Saturdays commencing from 17.04.2021 and petitioner can have the custody of the child independently for 3 hours. On each such occasion petitioner shall pay Rs.500/- to respondent towards the cost. "

2. The petitioner highlights the practical difficulty of traveling

from Mattannur to Kannur. The parties are, admittedly, residing at

Sreekandapuram.

3. Taking note of the convenience of the parties, we are of the

view that the petitioner shall produce the child before the Judicial First

Class Magistrate Court, Thaliparamba at 10 am on all first and third

Saturday for two hours. The mother can stand near the child.

4. The parties are directed to appear before the Mediation Sub OP (FC) NO. 354 OF 2021 ..3..

Center attached to the Family Court, Kannur on 26.08.2021 at 10.30

am.

This Original Petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

DR. KAUSER EDAPPAGATH JUDGE PR OP (FC) NO. 354 OF 2021 ..4..

APPENDIX OF OP (FC) 354/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PETITION WITH AFFIDAVIT DATED NIL Exhibit P2 A TRUE COPY OF THE COUNTER AFFIDAVIT DATED 20.02.2021 Exhibit P3 A TRUE COPY OF THE ORDER DATED 09.04.2021