Varghese Mathew vs Sharon Manaloor
2021 Latest Caselaw 16959 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
       THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
 THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                     OP (FC) NO. 279 OF 2021
        IN OPGW 401/2018 OF FAMILY COURT, THIRUVALLA
PETITIONER/RESPONDENT:

         VARGHESE MATHEW, AGED 39 YEARS
         S/O. M.V. MATHEW, NO.5-377, TOP HILL TEA FACTORY,
         AMMAN NAGAR, KIL-KOTAGIRI BAZAR P.O., NILGIRIS,
         TAMIL NADU STATE, PIN-643216 REPRESENTED BY POWER-
         OF-ATTORNEY HOLDER M.V.MATHEW, NO.5-377, TOP HILL
         TEA FACTORY, AMMAN NAGAR, KIL-KOTAGIRI BAZAR P.O.,
         NILGIRIS, TAMIL NADU STATE, PIN-643 216.

         BY ADVS. JOSEPH GEORGE
         SRI.P.A.REJIMON


RESPONDENT/PETITIONER:

         SHARON MANALOOR, AGED 34 YEARS
         W/O.VARGHESE MATHEW AND D/O. REVI MANALOOR,
         MANALOOR HOUSE, CHIRAYIRAMBU P.O., MARAMON,
         PATHANAMTHITTA DISTRICT, 689549.

         BY ADV SMT.MEREENA.J.JOSEPH


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
12.08.2021,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(FC).No.279/2021

                                         2



                                 JUDGMENT

Dated this the 12th day of August, 2021

A.Muhamed Mustaque,J.

This original petition was filed seeking the following reliefs:

"i) Declare that the petitioner is entitled to get interim custody of minor child "Niah Mary Varghese" during Onam/Dussehra holidays also and have the right to interact with the minor child atleast for 20 minutes on every working day between 08.00 P.M and 08.20 P.M.

ii) Allow the petitioner to interact with the minor child "Niah Mary Varghese" through video call/whatsapp call/skype for 20 minutes on every working day between 08.00 P.M and 08.20 P.M and for 30 minutes on every Fridays and Sundays;

iii) Direct the respondent to furnish the residential address of the minor child Niah Mary Varghese and the details of her school."

2. We passed certain interim orders in this matter in regard to the

contact rights of the father. It is submitted that the matter is ripe for

disposal before the Family Court. The petitioner is residing in Kuwait and O.P.(FC).No.279/2021

the respondent is at Bangalore. If the matter is ripe for adducing evidence,

the Family Court shall take up the matter and dispose of it as expeditiously

as possible. If the parties have any difficulty to present physically, the

Family Court shall allow them to adduce evidence through any online

medium. The contact rights of the father as per our earlier order will

continue till the disposal of the case by the Family Court.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

DR. KAUSER EDAPPAGATH JUDGE

kp

True copy

P.A. To Judge O.P.(FC).No.279/2021

APPENDIX OF OP (FC) 279/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOCOPY OF JUDGMENT DATED 20.2.2019 IN O.P.(F.C.)4/2019 OF THIS HON'BLE COURT.

EXHIBIT P2 TRUE PHOTOCOPY OF ORDER DATED 27.12.2018 IN I.A.NO.938/2018 IN O.P(G&W) 401/2018 OF THE FAMILY COURT,THIRUVALLA.