Kerala High Court
Shyju K.E vs Ranjini N.P on 4 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
OP (FC) NO. 439 OF 2020
AGAINST THE ORDER IN OP 241/2020 DATED 12.08.2020 OF FAMILY
COURT,KOZHIKODE, KOZHIKODE
PETITIONER/S:
SHYJU K.E.,
AGED 43 YEARS,
S/O. MUKUNDAN, KUNNUMMAL EDATHIL HOUSE, IYYAD P.O.,
BALUSSERY, KOZHIKODE DISTRICT
BY ADVS.
T.R.HARIKUMAR
SRI.ADITHYA RAJEEV
RESPONDENT/S:
RANJINI N.P., AGED 35 YEARS,
D/O. RAVEENDRAN, NANNOOLIPOYILIL HOUSE , MAKKADA P.O.,
KAKKODI, KOZHIKODE DISTRICT-673 611
BY ADV SRI.E.NARAYANAN
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC) NO. 439 OF 2020
2
JUDGMENT
This Original Petition is filed by the father, who is the respondent in a
petition for permanent custody of the child, challenging an order in an
application for interim custody. The mother's application for interim custody
has been partly allowed by permitting her to have visitation rights and also
interim custody till she is in Kozhikode. She is admittedly working in
Coimbatore.
2. After interacting with the parties, we passed the following order on
08.04.2021.
"Read our order dated 31.3.2021. We direct the mother to
hand over the child to the father through the Family Court,
Kozhikode and the child will be in the custody of the father
till next Friday. This weekly alternative arrangement will
continue till 18.5.2021. The child shall be with the mother
for one week and the next one week with the father. The
child shall be handed over on every Friday at 10 am. The
warrant already issued shall stand suspended."
3. By this arrangement, parties are managing joint custody of the child.
The child is studying in UKG. We are of the view that this arrangement
should continue till the Family Court pass appropriate orders either in a
modification petition filed by either of the parties or in a final order. The
OP (FC) NO. 439 OF 2020
Family Court shall dispose of the matter in accordance with law. Both parties
are given liberty to move the Family Court for modifying this arrangement for
any cogent reason.
It is submitted by learned Counsel for the respondent that the petitioner
is an ex-parte before the Family Court. If the petitioner is not proposing to
appear in the matter, the Family Court could pass appropriate order in the
matter, at the request of the respondent.
The Original Petition is disposed of accordingly.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
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OP (FC) NO. 439 OF 2020
APPENDIX OF OP (FC) 439/2020
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF ORIGINAL PETITION, OP
NO.241/2020 DATED 15.02.2020 FILED BEFORE THE
FAMILY COURT, KOZHIKODE
EXHIBIT P2 A TRUE COPY OF THE AFFIDAVIT AND PETITION
DATED 15.02.2020 IN IA NO.422 OF 2020 IN OP
NO.241/2020 FILED BEFORE THE FAMILY COURT,
KOZHIKODE
EXHIBIT P3 A TRUE COPY OF THE COUNTER STATEMENT FILED BY
THE PETITIONER IN IA NO.422 OF 2020 IN OP
NO.241/2020 BEFORE THE FAMILY COURT,
KOZHIKODE
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 12.08.2020 IN
IA NO.422 OF 2020 IN OP NO.241/2020 OF THE
FAMILY COURT, KOZHIKODE
EXHIBIT P5 A TRUE COPY OF THE PETITION DATED 11.10.2020
IN IA 1102 OF 2020 IN IA NO.422 OF 2020 IN OP
NO.241/2020 OF THE FAMILY COURT, KOZHIKODE
EXHIBIT P6 A TRUE COPY OF COUNTER STATEMENT DATED
20.10.2020 IN IA 1102 OF 2020 IN IA NO.422 OF
2020 IN OP NO.241/2020 FILED BY THE
PETITIONER THE FAMILY COURT, KOZHIKODE
EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 21.10.2020 IN
IA 1102 OF 2020 IN IA NO.422 OF 2020 IN OP
NO.241/2020 OF THE FAMILY COURT, KOZHIKODE
EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 23.10.2020 IN
IA 1102 OF 2020 IN IA NO.422 OF 2020 IN OP
NO.241/2020 OF THE FAMILY COURT, KOZHIKODE
