Suvesh vs Prajitha
2021 Latest Caselaw 1047 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                    &

                THE HONOURABLE MR.JUSTICE C.S.DIAS

  TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                       OP (FC).No.2 OF 2021

 AGAINST THE ORDER/JUDGMENT IN OPGW 459/2020 DATED 24-12-2020
                    OF FAMILY COURT, TIRUR


PETITIONER:

               SUVESH, AGED 32 YEARS, S/O. VELAYUDHAN K.P,
               KIZHAKKIT VALAPPIL HOUSE, PERUMPARAMB P.O,
               EDAPPAL, EDAPPAL AMSOM PERPARAMB DESOM, MALAPPURAM
               DISTRICT.

               BY ADVS.
               SRI.JAMSHEED HAFIZ
               SMT.K.K.NESNA

RESPONDENTS:

      1        PRAJITHA, AGED 21 YEARS
               D/O. PRAKASHAN, THENJERIPARAMBIL HOUSE, 21 VADAKKE
               ANNARA, THRIKKANDIYUR AMSOM ANNARA DESOM,TIRUR
               TALUK MALAPPURAM DISTRICT-676 101

      2        ADDL.R2. STATION HOUSE OFFICER,
               TIRUR POLICE STATION, MALAPPURAM.

               IS SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENT
               NO.2,
               AS PER ORDER DATED 05/01/2021 IN OP(FC).

               R1 BY ADV. SHRI.P.VENUGOPAL
               R2 BY ADV. SRI.K.B.RAMANAND

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC).No.2 OF 2021

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                         JUDGMENT

Dated this the 12th day of January 2021

A.Muhamed Mustaque, J

This matter is related to child Custody. Pending

consideration of the main petition, an arrangement has

been made between the petitioner and respondent - wife

of the petitioner, by which, it was agreed that the child

will be handed over to the petitioner by the respondent

on every Saturday and he will return the child to the

respondent on the succeeding Sunday.

2. The petitioner, thereafter, moved an I.A before

the Family Court to keep the child in his custody till a

further decision is taken in this matter. This was

alleging that the child was molested while she was with

the respondent. It is submitted that F.I.R was registered OP (FC).No.2 OF 2021

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by the police and an investigation is going on.

3. This Court called for a report, by an order

dated 5.01.2021. This Court also permitted the

petitioner to retain the custody of the child. F.I.R as well

as the report of the investigation Officer is on board.

The application for retaining the custody of the child is

pending before the Court below.

4. Having adverted to the pendency of the

application, we are of the view that an expeditious

disposal of I.A is required. Accordingly, we direct the

Family Court, Tirur to dispose of I.A.No.4/2020 and

I.A. No. 1 of 2020 within a period of two weeks. Till

then, the interim order passed by this Court on 5.01.2021

will continue. The police is also directed to file a report OP (FC).No.2 OF 2021

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before the Family Court, Tirur within a period of one

week. The report and F.I.R produced in the sealed

cover also shall be returned to the learned Government

Pleader.

This Original Petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

C.S.DIAS

JUDGE

PR OP (FC).No.2 OF 2021

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APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PETITION OP(G&W) 459/2020 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, TIRUR DATED 24.08.2020.

EXHIBIT P2 A TRUE COPY OF THE FIR IN CRIME NO.

1222/220 OF TIRUR POLICE STATION DATED 21.12.2020.

EXHIBIT P3 A TRUE COPY OF THE IA NO. 5/2020 IN OP(G&W) 459/2020 BEFORE THE FAMILY COURT, TIRUR, DATED 24.12.2020.