Betsy vs Sudheer
2021 Latest Caselaw 6059 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                &

              THE HONOURABLE MR.JUSTICE C.S.DIAS

 FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

                    OP (FC).No.82 OF 2021

  AGAINST THE ORDER/JUDGMENT IN GOP 547/2019 OF FAMILY
                  COURT, IRINJALAKUDA


PETITIONER:

              BETSY, AGED 36   YEARS, D/O. VALIYAPARAMBIL
              BABU, RESIDING   AT CHANTHAPURA DESOM,
              LOKAMALESWARAM   VILLAGE, KODUNGALLUR TALUK,
              THRISSUR - 680   664.

              BY ADVS.
              SMT.AMRIN FATHIMA
              SRI.K.A.NOUSHAD
              SHRI.NAJEEB P.S

RESPONDENT:

              SUDHEER, AGED 47 YEARS, S/O. KOVILPARAMBIL
              ETTITHARA BALAN, RESIDING AT LOKAMALESWARAM
              VILLAGE AND DESOM, KODUNGALLUR TALUK, THRISSUR
              - 680 664.

              R1 BY ADV. SRI.K.M.ABDUL KADER
              R1 BY ADV. SRI.A.S.SREEJAN

     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.82 OF 2021

                                ..2..




                             JUDGMENT

Dated this the 19th day of February 2021

A.Muhamed Mustaque, J

This original petition was filed challenging an

interim order, pending custody of the minor child

before the Family Court, Irinjalakuda. The

petitioner herein is the mother and the respondent

is the father of the child. The child is 13 years

old. By the impugned order, the Family Court

directed to give the interim custody of the minor

child to the respondent herein from 4 p.m. on every

Friday till 10 a.m. on the succeeding Monday.

2. The petitioner submits that the direction

to return the child on Monday morning may adversely

effect the education of the child. The petitioner

has no objection in modifying the order to the

effect that the child is returned Sunday evening at

5 p.m.

3. However, the learned counsel for respondent

- father opposed the prayers of the petitioner. It OP (FC).No.82 OF 2021

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is submitted that the child is only 13 years old and

if the direction as such is complied with, it will

not affect the studies of the child.

4. Taking note of the overall facts and

circumstances, we are of the view that the impugned

order can be modified by directing the respondent to

return the child at 5 p.m. on every Sunday.

Accordingly, the impugned order is modified to the

effect that the respondent will be entitled for the

custody of the child from 4 p.m. on every Friday

till 5 p.m. of the ensuing Sunday. The handing over

and return of the child shall be at the office of

the Family Court.

This original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

C.S.DIAS

JUDGE

PR OP (FC).No.82 OF 2021

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APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE G.O.P.NO. 547/2019 FILED BY THE RESPONDENT IN THE HON'BLE FAMILY COURT, IRINJALAKUDA.

EXHIBIT P2 A TRUE COPY OF THE OBJECTION IN G.O.P NO. 547/2019 FILED BY THE PETITIONER IN THE HON'BLE FAMILY COURT, IRINJALAKUDA.

EXHIBIT P3 A TRUE COPY OF THE IA NO.7/2020 IN G.O.P NO.547/2019 FILED BY THE RESPONDENT IN THE HON'BLE FAMILY COURT, IRINJALAKUDA.

EXHIBIT P4 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN IA NO.7/2020 IN G.O.P NO. 547/2019 BEFORE THE HON'BLE FAMILY COURT, IRINJALAKUDA.

EXHIBIT P5 CERTIFIED COPY OF THE ORDER DATED 22.12.2020 IA NO.7/2020 IN G.O.P NO.547/2019 OF THE HON'BLE FAMILY COURT, IRINJALAKUDA.