Vidhyadharan vs Manjusha
2021 Latest Caselaw 3065 Ker

        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 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                        OP (FC).No.342 OF 2020

AGAINST THE ORDER/JUDGMENT IN OPGW 115/2020 DATED 27-08-
             2020 OF FAMILY COURT, CHAVARA


PETITIONER:

              VIDHYADHARAN, AGED 45 YEARS, S/O. DIVAKARAN,
              CHEMPANIKUNNEL VEEDU, AMBALLOOR P O,
              MULAMTHURUTHI, ERNAKULAM DISTRICT, NOW
              RESIDING AT RAVIVARMA PALACE,
              PADANAYARKULANGARA SOUTH, KARUNAGAPPALLY
              VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM.

              BY ADV. SRI.B.MOHANLAL

RESPONDENT:

              MANJUSHA, AGED 41 YEARS, D/O. RAJAN, MANJUSHA
              BHAVAN, KANIYAMKUNNU KARA, KADUNGALLOOR
              VILLAGE, ALUVA, U.C. COLLEGE, P O, ERNAKULAM -
              683 102, NOW RESIDING AT S.S. BHAVAN, HOUSE
              NO.OP.XV/648, 1ST FLOOR, CHANGAKULANGARA,
              OACHIRA VILLAGE, KARUNAGAPPALY, KOLLAM - 691
              303.

              R1   BY   ADV.   SRI.K.K.NASSEER (ALUVA)
              R1   BY   ADV.   SHRI. SUDHEER K.K.
              R1   BY   ADV.   SRI.O.S.RAMANUNNI
              R1   BY   ADV.   SHRI. PRIJU K.PONNAPPAN

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.342 OF 2020

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                           JUDGMENT

Dated this the 28th day of January 2021

A.Muhamed Mustaque, J.

This original petition is filed challenging the order in I.A.

No. 2 of 2020 in O.P.(G&W) No.115/2020 on the file of Family

Court, Chavara. The petitioner, namely, Vidhyadharan, is the

father of the minor child, namely, Pranav aged 11 years. He

filed the original petition for permanent custody of child before

the Family Court, Chavara. In that, he filed I.A. No. 2 of 2020

for interim custody. That was disposed by Ext.P8. The

operative portion of the order is as follows:

"In the result petitioner is allowed to interact with the child twice in a week between 5 pm and 6 pm through video conferencing or by whats App video call through the mobile phone of the respondent with No. 6238245621. Respondent is hereby directed to see that the order is implement in its letter and spirit."

Challenging this, the petitioner - Vidhyadharan approached this OP (FC).No.342 OF 2020

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Court with this original petition.

2. Though, the parties were referred to mediation, the

parties could not arrive at a settlement in regard to custody.

Accordingly, the matter is taken up today.

3. We heard the counsel for the petitioner and the

respondent.

4. Before initiation of the proceedings by the Family

Court, Chavara, in a petition filed by the respondent under

Domestic Violence Act, 2005, before the Judicial First Class

Magistrate Court-II, Aluva in M.C. No. 41/2019, an

arrangement was made in regard to the custody of the child,

which was as follows:

"Petitioner represented. Respondent present. Both sides conceded for giving custody of minor child to the respondent from 2 pm to 5pm on every second and fourth Saturday at Ochira, until further orders. Meanwhile, case is referred for mediation at Mediation Center, Kaloor on 23.12.2019. Await report to 28.02.2020."

OP (FC).No.342 OF 2020

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5. Thereafter, a petition was filed by the petitioner

before the same court seeking interim custody for two days.

That was disposed of as Ext.P4, as follows:

"The petitioner in MC/respondent herein is directed to hand over the child to the petitioner herein/respondent in MC from 5 pm on 7.03.2020 till 5 pm on 08.03.2020."

6. It is submitted that the proceedings under the

Domestic Violence Act, 2005 is pending before Judicial First

Class Magistrate Court-II, Aluva. As of now, this original

petition is arising from an application for interim custody.

7. Taking note of the age of the child and overall

circumstances, we are of the view that the impugned order has

to be modified giving interim custody of the child to the

petitioner on every Friday evening 4 pm till the ensuing

Saturday 4 pm, except the second Saturday of every month.

Taking note of the fact that the respondent is residing near

Aluva, the child shall be handed over to the petitioner in the OP (FC).No.342 OF 2020

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premises of the Judicial First Class Magistrate Court-II, Aluva

and be returned in the same premises.

8. This order will be in force till the disposal of O.P.

(G&W) No. 115/2020 on the files of the Family Court,

Chavara.

This original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

C.S.DIAS

JUDGE

PR OP (FC).No.342 OF 2020

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APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN OP(GW)NO.115/2020 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, CHAVARA.

EXHIBIT P2 THE TRUE COPY OF AD-INTERIM ORDER IN CMP NO. 1696/2019 IN MC NO.41/2019 DATED 26.10.2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, II, ALUVA.

EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED 17.12.2019 IN CMP NO.1696/2019 IN MC NO.41/2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA.

EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED 07.03.2020 IN CMP NO. 604/2020 IN MC NO.41/2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA.

EXHIBIT P5 THE TRUE COPY OF THE OBJECTION DATED 20.08.2020 IN OP(GW) NO.115/2020 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, CHAVARA.

EXHIBIT P6 THE TRUE COPY OF THE REPLY DATED 26.08.2020 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, CHAVARA.

EXHIBIT P7 THE TRUE COPY OF THE CALL DETAILS OBTAINED BY THE PETITIONER FROM BSNL, KOLLAM AS PER COMMUNICATION NO.CP 10/KLM/RTI ACT/2020/54 DATED 16.05.2020.

OP (FC).No.342 OF 2020

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EXHIBIT P8 THE TRUE COPY OF THE ORDER DATED 27.08.2020 I.A NO.02/2020 IN OP(GW) NO.115/2020 ON THE FILE OF THE FAMILY COURT, CHAVARA.