Prasanth V vs Bindu
2021 Latest Caselaw 16518 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                 &
            THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                    OP (FC) NO. 317 OF 2021
 AGAINST THE ORDER/JUDGMENT IN OPGW 1048/2019 OF FAMILY
               COURT, MAVELIKKARA, ALAPPUZHA
PETITIONER:

         PRASANTH V., AGED 44 YEARS, S/O.PADMANABHAN
         NAIR, VADAKKUMKARA HOUSE, THATHAMAPARAMBIL,
         KALANTHODU, NITC P.O., POOLAKODU VILLAGE,
         KOZHIKKODU, PIN - 673 601.
         BY ADV K.R.SUNIL


RESPONDENT:

         BINDU, AGED 31 YEARS, D/O.BHASI, PUTHANVEETI
         HOUSE, KALAVARA JUNCTION, PALLANA P.O.,
         THRIKKUNNAPPUZHA VILLAGE, KARTHIKAPPALLY TALUK,
         PIN - 690 515.
         BY ADVS.
         JOSE ANTONY
         P.CINU



     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
05.08.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP (FC) NO. 317 OF 2021
                                   ..2..




                             JUDGMENT

A.Muhamed Mustaque, J

This original petition is filed challenging an order passed by

the Family Court in an application filed for the interim custody of

the child. The petitioner is the petitioner before the Family Court.

The family Court on 5.10.2020 passed the following order:

"The respondent is directed to hand over custody of the child to the petitioner by 3 pm on 23.10.2020 and the petitioner is permitted to have the custody of the child till 5 pm on 25.10.2020. he is directed to hand over the custody of the child to the respondent on or before 5 pm on 25.10.2020. "

2. As seen from the order passed by the Family Court on

5.10.2020, the period mentioned in the order is over. The learned

counsel for the petitioner submits that Ext.P2 order is not for the

interim custody. The Family Court granted custody for the period OP (FC) NO. 317 OF 2021 ..3..

mentioned as above. It is submitted that the respondent

successfully evaded the appearance before this Court to avoid

giving custody to the petitioner.

3. The respondent - mother is having a case that the

petitioner cannot be given the custody of the child on account of

the personal conduct.

4. The Family Court has to take decision as to giving

interim custody of the child to the father based on Ext.P2. The

Family Court, after interacting with the parties and also taking

note of the tender age of the child, take an appropriate decision in

this matter.

5. The parties are directed to appear before the Family

Court on 12.08.2021. Thereafter, the Family Court shall pass OP (FC) NO. 317 OF 2021 ..4..

appropriate orders in regard to the interim custody of the child as

expeditiously as possible.

This Original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

K. BABU JUDGE PR OP (FC) NO. 317 OF 2021 ..5..

APPENDIX OF OP (FC) 317/2021

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE O.P.(G &W) NO.1048/2019 FILED BEFORE THE FAMILY COURT, MAVELIKKARA.

Exhibit P2 THE TRUE COPY OF THE INTERLOCUTORY APPLICATION AS I.A.NO.2488/2018 IN O.P. (G&W) 1048/2019.

Exhibit P3 THE CERTIFIED COPY OF THE ORDER DATED 05/10/2020 IN I.A.NO.2488/2019 IN O.P. (G&W) NO.1048/2019.