Abhilash vs Jyolsna
2021 Latest Caselaw 16531 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. 329 OF 2021
AGAINST THE ORDER/JUDGMENT IN GOP 1011/2020 OF FAMILY COURT,THRISSUR,
                                   THRISSUR
PETITIONER:

              ABHILASH, AGED 33 YEARS, S/O. SANKARAKKAL PUSHPAKARAN,
              ARANATTUKARA VILLAGE, KARYATTUKARA DESOM, THRISSUR 680
              590
              BY ADVS.
              PREMCHAND M.
              K.ANITHA JOHN


RESPONDENT:

              JYOLSNA, AGED 33 YEARS, D/O. VALIYAPARAMBIL GOPI, KU-
              MERANELLUR POST, PARUTHIPRA DESOM, KUMERANELLUR VILLAGE,
              TALAPPILLY TALUK, THRISSUR 680 611
              BY ADVS.
              SAM ISAAC POTHIYIL
              TINU JOHNSON
              VISHNU DAS
              SRUTHI DAS
              JISHMA K.S
              OSHIN MENDEZ
              PHILIP ARUN M.N.
              MOHAMED AMJAD K.M
              S.SURAJA
              VINIDHA K


  THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 05.08.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC) NO. 329 OF 2021
                                  2



                             JUDGMENT

A.Muhamed Mustaque, J

The dispute in this case is in regard to the interim custody

of the minor ward namely Devanand born in the wedlock of the

petitioner and the respondent. The petitioner is the father and

the respondent is the mother. Admittedly, the other two siblings

of Devanand are in the custody of the respondent-mother.

2. In the interim custody application filed by the respond-

ent-mother, the Family Court, Thrissur ordered the father to

handover the elder child - Devanand to the mother. That order

is under challenge in this original petition.

3. The parties were directed to be present before this

Court along with the children. Father produced the elder son and

the mother produced the other siblings. We interacted with the children. The children are like to be in the company of both

parents.

4. Apparently, the Family Court directed the petitioner-

father to handover the elder son to the respondent-mother to

ensure that all the children are in the company of each other and mother.

OP (FC) NO. 329 OF 2021

5. Having adverted to the age of the children as well as the facts and circumstances of the case, we are of the view that

an interim arrangement will be made in the following terms till

it is modified by the Family Court on any valid reason in appro- priate application or in final order.

All the children shall be in the custody of the respondent-

mother subject to the right given to the father to have the

custody of all children on all 1st and 4th Saturday of every month

from 10 am to the ensuing Sunday 5 pm. The venue of handing over of the children is fixed at the premises of the Family Court,

Thrissur.

This Original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

K. BABU JUDGE PR OP (FC) NO. 329 OF 2021

APPENDIX OF OP (FC) 329/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORIGINAL PETITION NO.

1011/2020 FILED BY THE RESPONDENT. Exhibit P2 TRUE COPY OF THE I.A NO. 01/2020 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, THRISSUR CLAIMING INTERIM CUSTODY OF THE CHILD. Exhibit P3 TRUE COPY OF THE OBJECTIONS SO FILED BY THE PETITIONER AGAINST EXHIBIT P1 Exhibit P4 TRUE COPY OF THE ORDER DATED 27-04-201 IN I.A 1/2020 IN GOP NO. 1011/2020