Kerala High Court
Saroj V.Haridas vs Renju Das on 21 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942
OP (FC).No.39 OF 2021
AGAINST THE ORDER IN I.A.NO.276/2021 DATED 16.01.2021 AND
I.A.NO.24/2021 DATED 14/01/2021 IN O.P.NO.400/2018 OF FAMILY
COURT, ERNAKULAM
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PETITIONER/S:
SAROJ V.HARIDAS, AGED 61 YEARS,
W/O.PADMANABHAN JAYAPRAKASH,
RESIDING AT INFRA ASPIRE APARTMENT,
8C, VSNL ROAD, KAKKANAD, KOCHI-682030.
BY ADV. SRI.M.R.HARIRAJ
RESPONDENT/S:
1 RENJU DAS, AGED 33 YEARS,
S/O. N.A. MOHANDAS, 345/8,
SREYAS, KANAKKARY, KOTTAYAM-686632.
2 AMRITA RENJU DAS, AGED 29 YEARS,
D/O. PADMANABHAN, JAYAPRAKASH,
INFRA ASPIRE APARTMENT 8C,
VSNL ROAD, KAKKANAD, KOCHI-682030.
R1 BY ADV. SRI.GEORGE THOMAS (MEVADA)(SR.)
R1 BY ADV. SMT.MANJU PAUL
R1 BY ADV. SRI.C.N.SREEKUMAR
R1 BY ADV. SRI.ANIL PRASAD
R1 BY ADV. SRI.SABU P.JOSEPH
R2 BY ADV. GISA SUSAN THOMAS
R2 BY ADV. SMT.ANJANA G.
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 21.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No.39/2021 2
JUDGMENT
Dated this the 21st day of January 2021
This original petition was filed challenging
the direction issued by the Family Court, Ernakulam
in the pending the petition for appointment of a
guardian and permanent custody by father. This
Original Petition was filed by the grandmother.
2. The mother and child are admittedly,
residing in Kuwait. The father is also residing at
Kuwait. The child came to India along with his
maternal grandmother. The father also came down to
India on leave. He intends to go back to Kuwait
only in the Month of April, 2021. In the petition
for appointment as the legal guardian, he filed an
application for interim custody. That was allowed
for a period from 9 a.m. on 15.01.2021 till 5 p.m.
on 04.02.2021. It appears that since the child was
not handed over as ordered by the Family Court, the
Family Court ordered to take the child from the
custody of the grandmother and to handover to the
father. At this juncture, the grandmother rushed to
this Court with this Original Petition. This Court
on 18.01.2021 passed the following interim order:
"Issue notice to the first respondent by special
messenger. Notice to the second respondent is dispensed
with.
The petitioner shall also take notice to the first
respondent through the counsel appearing before the
Family Court, Ernakulam and produce the acknowledgement
Coercive steps pursuant to I.A.Nos.24/2021 and
276/2021 in O.P.No.400/2018 are ordered to be deferred
for a period of ten days.
The petitioner along with the child and the first
respondent shall appear before this Court on 20.01.2021
at 10.15 a.m. The child shall not be taken to abroad
without leave of this Court."
3. Thereafter, the child was produced before
this Court by grandmother and mother. It appears
that, in the meanwhile, the mother has also come
down from Kuwait. Accordingly, this Court on
20.01.2021 passed the following order:
"The petitioner along with the child is present
before this Court. The first respondent is also
present before this Court. It is submitted that the
child has to leave along with his mother-the second
respondent on Friday (22/1/2021) morning to Kuwait.
The first respondent is also working in Kuwait. He
has to go to Kuwait in the month of April.
Having considered the facts and circumstances,
we are of the view that custody can be given to the
first respondent forthwith till tomorrow at 4 p.m.
The first respondent has to present before this Court
along with the child at 4 p.m. tomorrow and return
the child to the second respondent."
4. Today, in compliance with the aforesaid
order dated 20.1.2021, the first respondent
produced the child before this Court and handed
over the child to mother, the second respondent.
5. The second respondent intends to return to
Kuwait along with the child tomorrow. It is
submitted that tickets have been booked for both.
6. In the light of the facts and
circumstances, we are not expressing anything in
regard to the custody of the child. In view of the
fact that the child needs to go back to Kuwait
along with mother where he is studying, we are of
the view that the child can be permitted to go
abroad along with mother. The order passed in
regard to giving custody for father for a period
from 9 a.m. on 15.01.2021 till 5 p.m. on 04.02.2021
is accordingly modified. It appears that some
orders have been passed by the Supreme Court of
Kuwait in regard to the matter. Anyway, these are
all matters that has to be gone into by the Family
Court. We, therefore, find no reason to retain
this matter. The rest of the matters are to be
agitated before the Family Court.
7. The senior counsel appearing for the first
respondent requested for permission to the first
respondent to have contact rights till he returns
to Kuwait.
8. We find it appropriate to allow the first
respondent to have contact rights thrice in a week
(Tuesday, Friday and Saturday between 7 pm and 8
p.m. of Kuwait time) through electronic medium
(Zoom/Google meet) with the child till the first
respondent returns to Kuwait.
With liberty to agitate the rights of the
parties in regard to guardianship and custody
before the Family Court, we dispose of the Original
Petition based on the interim orders, observations
and permission granted as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
C.S.DIAS
JUDGE
ln
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF OP NO.1178/2017 FOR DISSOLUTION OF
MARRIAGE FILED BY THE 2ND RESPONDENT.
EXHIBIT P2 COPY OF THE COMPROMISE AGREEMENT DATED 03/08/2017
BEFORE FAMILY COURT, ERNAKULAM.
EXHIBIT P3 COPY OF THE OP NO.1621/2017 FILED BEFORE FAMILY
COURT, ERNAKULAM.
EXHIBIT P4 COPY OF THE MEMO DATED20/09/2017 IN OP
NO.1621/2017 BEFORE THE FAMILY COURT, ERNAKULAM.
EXHIBIT P5 COPY OF THE ORDER DATED 17/12/2017 IN PETITION NO.
1117/2017 ISSUED FROM FAMILY COURT, KUWAIT WITH
ENGLISH TRANSLATION.
EXHIBIT P6 COPY OF THE OP NO.400/2018 FILED BY THE RESPONDENT
BEFORE FAMILY COURT, ERNAKULAM.
EXHIBIT P7 COPY OF THE INTERLOCUTORY APPLICATION NO.738/2018
IN OP NO.400/2018 BEFORE THE FAMILY COURT,
ERNAKULAM.
EXHIBIT P8 COPY OF THE ORDER DATED 23/02/2018 IN IA
NO.738/2018 PASSED BY THE FAMILY COURT, ERNAKULAM.
EXHIBIT P9 COPY OF THE JUDGMENT DATED 10/04/2018 IN OP(FC)
NO. 173/2018 PASSED BY THE HON'BLE HIGH COURT.
EXHIBIT P10 COPY OF THE ORDER IN IA NO.738/2018 DATED
26/04/2018 PASSED BY THE FAMILY COURT, ERNAKULAM.
EXHIBIT P11 COPY OF WITHDRAWAL MEMO DATED 10/03/2018 BEFORE
THE FAMILY COURT, ERNAKULAM.
EXHIBIT P12 COPY OF THE ORDER DATED 10/06/2018 IN CASE NO.
346/2017 PASSED BY THE SUPREME COURT OF KUWAIT
(ENGLISH TRANSLATION).
EXHIBIT P13 CERTIFIED COPY OF THE PETITION IN IA NO.1985/2018
WITH AFFIDAVIT.
EXHIBIT P14 COPY OF THE ORDER DATED 15/11/2018 IN IA
NO.1985/2018 IN OP NO.400/2018 PASSED BY THE
FAMILY COURT, ERNAKULAM.
EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 05/02/2019IN
OP(FC) NO.62/2019 PASSED BY THE HON'BLE HIGH
COURT.
EXHIBIT P16 TRUE COPY OF THE COMMON ORDER DATED 01/04/2019 IN
IA NO.738/2018 AND IA 1985/2018 ION THE FILES OF
THE FAMILY COURT.
EXHIBIT P17 TRUE COPY OF THE IA NO. 24/2021 FOR THE CUSTODY OF
CHILD IN KERALA FILED BY THE 1ST RESPONDENT.
EXHIBIT P18 TRUE COPY OF IA NO.23/2021 FOR IMPLEADING IN THE
PETITIONER HEREIN FILED BY THE 1ST RESPONDENT.
EXHIBIT P19 TRUE COPY OF THE OBJECTION FILED ON 12/01/2021 BY
THE COUNSEL FOR 2ND RESPONDENT IN IA NO.24/2021.
EXHIBIT P20 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE
PETITIONER.
EXHIBIT P21 TRUE COPY OF THE A DIARY PHOTOGRAPH OF ORDER IN IA
NO.24/2021 RECEIVED FROM THE COUNSEL FOR THE 1ST
RESPONDENT.
EXHIBIT P22 TRUE COPY OF IA NO.272/2021 FILED BY THE
PETITIONER.
EXHIBIT P23 TRUE COPY OF THE IA NO.276/2021, VIOLATION
PETITION FILED BY THE PETITIONER.
EXHIBIT P24 TRUE COPY OF THE OBJECTION IN IA NO.276/2021 FILED
BY THE PETITIONER.
EXHIBIT P25 TRUE COPY OF THE SCANNED 'A' DIARY PORTION SEND BY
THE COUNSEL FOR THE RESPONDENT NO.1.
EXHIBIT P26 TRUE COPY OF THE SCREENSHOT OF THE WHATSAPP
MESSAGE WINDOW OF THE COUNSEL FOR THE PETITIONER
AND 2ND RESPONDENT.
EXHIBIT P27 COPY OF THE PHOTOGRAPHS TAKEN FROM CCTV FOOTAGE OF
THE APARTMENT OF THE PETITIONER SHOWING THE VISIT
OF POLICE PERSONNEL ALONG WITH THE FIRST
RESPONDENT AND HIS FATHER.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY//
P.A.TO JUDGE
