Mithun Kuriakose vs Meroon Paul
2021 Latest Caselaw 2818 Ker

OP(FC) No. 492 of 2020

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              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                   &

                 THE HONOURABLE MR. JUSTICE T.R.RAVI

       MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

                         OP (FC).No.492 OF 2020

   AGAINST THE ORDER IN GOP 397/2020 DATED 26-11-2020 OF FAMILY
                       COURT, MUVATTUPUZHA


PETITIONER:

              MITHUN KURIAKOSE
              AGED 41 YEARS
              S/O.KURIAKOSE, RESIDING AT NERAPPUKANDATHIL HOUSE,
              VENNUR P.O., TALAPPILLY TALUK, TRISSUR DISTRICT,
              KERALA, PIN - 680 587.

              BY ADVS.
              SMT.P.MAMATHA
              SMT.P.DHANYA

RESPONDENT:

              MEROON PAUL
              AGED 27 YEARS
              W/O.MITHUN KURIAKOSE (D/O.P.J.PAULOSE), PADAYATTIL
              HOUSE, SOUTH VAZHAKULAM P.O., CHEMBARAKY, ALUVA,
              ERNAKULAM - 686 670.


     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD              ON
25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC).No.492 OF 2020

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          A MUHAMED MUSTAQUE & T.R.RAVI, JJ
                   --------------------------------
                   O.P.(FC) No.492 OF 2020
                   --------------------------------
              Dated this the 25th day of January, 2021


                          JUDGMENT

T.R.RAVI, J

The original petition has been filed praying to set

aside the order dated 26.11.2020 in I.A. No. 2 of 2020

in G.O.(P) No.397/2020 on the files of the Family Court,

Muvattupuzha. G.O(P)No.397/2020 is a petition filed by

the respondent herein for a declaration that she is the

guardian of her two minor children and seeking

permanent custody of the children. I.A.No. 2 of 2020

was filed by the respondent/mother seeking interim

custody of her younger minor child by name Evelyn Mary

Ann Mithun, on the allegation that the petitioner herein

had taken away the child forcibly on 09.03.2020 from OP (FC).No.492 OF 2020

the custody of the respondent's parents. The petitioner

denied the allegations and according to him, the

respondent herself had entrusted the minor child to him

while leaving for Ireland to resume her job. The Family

Court, Muvattupuzha allowed I.A. No. 2/2020 and

directed the production of the minor child before the

Court and to hand over custody of the child to the

mother. It was also provided that on second and fourth

Saturdays of every month, the minor child was to be

handed over by the respondent to the petitioner

between 10.00 am and 4.00 pm in the premises of the

Court. When passing the order, the Court has taken into

account the fact that the child is a two year old girl child

and the respondent has resigned her job in Ireland and

returned to stay permanently in her native place with

her children. The Original Petition has been filed

challenging the above said direction. OP (FC).No.492 OF 2020

2. Heard the learned Counsel for the petitioner.

On a reading of the impugned order we find that it is

only a temporary arrangement which is to be effective

during the pendency of the proceedings before the

Family Court. We do not find anything wrong in the

Court below directing that the two year female child

should be in the custody of the mother for the time

being with visitorial right to the father on second and

fourth Saturdays of every month. The learned Counsel

for the petitioner further argued before this Court that at

least an overnight custody of the child may be given to

him on the second and fourth Saturdays of every month.

We are of the view that the petitioner can approach the

Family court with such request for modification of the

order already passed. If such a petition is filed, the

Family Court shall without any further delay consider

and pass orders on such request. We do not find any

illegality, irregularity or impropriety in the order and we OP (FC).No.492 OF 2020

are not inclined to interfere with the same in exercise of

our supervisory jurisdiction under Article 227 of the

Constitution of India. The original petition fails and is

dismissed with the observation as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

T.R.RAVI

JUDGE OP (FC).No.492 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMPLAINT FILED BEFORE THE SUB INSPECTOR OF POLICE, PAZHAYANNUR, TRISSUR DATED 15/06/2020.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 26/11/2020 IN I.A.NO.2/2020 IN G.O.P.NO.397/2020 OF THE FAMILY COURT, MUVATTUPUZHA.