Sivakumar @ Sunil vs Asisha
2021 Latest Caselaw 1887 Ker

OP(FC) 409/2020
                                      -:1:-

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                       &

                    THE HONOURABLE MR.JUSTICE C.S.DIAS

     MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                          OP (FC).No.409 OF 2020

    AGAINST THE ORDER IN I.A.NO.2/2020 & I.A.NO.7/2020 IN GOP
   645/2020 AND I.A.NO.2/2020 IN GOP 745/2020 OF FAMILY COURT,
                            THRISSUR

                            -----------------


PETITIONER/S:

                  SIVAKUMAR @ SUNIL, AGED 44 YEARS,
                  S/O.VELAYUDHAN KADUKKATTU HOUSE, PADIYAM VILLAGE,
                  ANTHIKAD POST, THRISSUR TALUK, THRISSUR DISTRICT,
                  PIN CODE-680 641.

                  BY ADVS.
                  SRI.VIJU ABRAHAM
                  SRI.ALBERT V.JOHN
                  SMT.ROSHNI MANUEL
                  SMT.VARNA MANOJ


RESPONDENT/S:

                  ASISHA, AGED 34 YEARS, D/O.SUBRAMANIAN,
                  THANGALASSERY VEEDU, CHAVAKKAD TALUK,
                  THRISSUR DISTRICT-680 506.

                  BY ADV. SHRI.K.B.GANGESH

THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 18.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(FC) 409/2020
                                 -:2:-




                              JUDGMENT

Dated this the 18th day of January 2021

A.Muhamed Mustaque, J.

The original petition was filed challenging Ext.P7 common

order passed by the Family Court, Thrissur, in I.A.Nos.2/2020 &

7/2020 in G.O.P.No.645/2020 & I.A.No.2/2020 in G.O.P.No.745/2020.

This Court on 30/11/2020 passed an order granting custody of the

minor children once in every two weeks starting from 1/12/2020.

2. The petitioner has no objection in maintaining the

above order till disposal of the Guardian O.Ps. However, the

respondent opposed this arrangement. It is submitted by the

learned counsel for the respondent that the petitioner often

sends WhatsApp messages threatening the respondent. It is

further contended that the action of the petitioner is causing

hardship to her and her children.

3. The parties are at liberty to move the Family Court to

change the arrangement in regard to custody of children made by

this Court on 30/11/2020.

4. With liberty as above, confirming the interim order

dated 30/11/2020, we dispose of the original petition. We also OP(FC) 409/2020

make it clear that the interim order dated 30/11/2020 will

continue till disposal of Guardian O.Ps. subject to the

observations as above. The interim order dated 30/11/2020 is

clarified as an order permitting the petitioner to have custody

only once in every two weeks as it appears that in the latter

part of that there was some ambiguity in the order referring

giving custody to the petitioner on second Saturday.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

C.S.DIAS

JUDGE ms OP(FC) 409/2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE GOP.NO.645/2020 FILED BEFORE THE FAMILY COURT, THRISSUR.

EXHIBIT P2 TRUE COPY OF THE GOP NO.745/2020 FILED BEFORE THE FAMILY COURT, THRISSUR.

EXHIBIT P3 TRUE COPY OF IA NO.7/2020 IN GOP NO.645/2020.

EXHIBIT P4 TRUE COPY OF THE REPLY SUBMITTED BY THE RESPONDENT TO IA NO.7/2020 IN GOP NO.645/2020.

EXHIBIT P5 TRUE COPY OF THE IA NO.2/2020 IN GOP NO.745/2020.

EXHIBIT P6 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO IA NO.2/2020 IN GOP NO.745/2020.

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 23.09.2020 PASSED BY THE FAMILY COURT, THRISSUR.

EXHIBIT P8 TRUE COPY OF THE IA NO.6/2020 IN GOP NO.745/2020.

EXHIBIT P9 TRUE COPY OF THE OBJECTION SUBMITTED BY THE RESPONDENT IN IA NO.6/2020 IN GOP NO.745/2020.

EXHIBIT P10 TRUE COPY OF THE IA NO.10/2020 IN IA NO.2/2020 IN GOP NO.745/2020.

EXHIBIT P11 TRUE COPY OF THE IA NO.2/2020 IN GOP NO.745/2020.

RESPONDENT'S EXHIBITS:NIL.

//TRUE COPY//

P.A.TO JUDGE