Joemon vs Amita Devi Josnan
2021 Latest Caselaw 3152 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                            &

        THE HONOURABLE MR. JUSTICE SATHISH NINAN

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

    Con.Case(C).No.1229 OF 2020 IN OP (FC). 108/2018

AGAINST THE ORDER/JUDGMENT IN OP (FC) 108/2018(R) OF HIGH
                     COURT OF KERALA


PETITIONER/S:

           JOEMON, AGED 44 YEARS
           S/O. LATE GABRIEL BABU, MANNOOPARABIL HOSUE,
           I.S.PRESS ROAD, ERNAKULAM-682 018.

           BY ADV. SRI.PAUL K.VARGHESE

RESPONDENT/S:

           AMITA DEVI JOSNAN,
           AGED 34 YEARS
           D/O. JOSE THOTTIPATTU, THOTTIPPATTU HOUSE,
           HARITHA NAGAR, CHAMBAKARA, ERNAKULAM-682 038.


OTHER PRESENT:

           SMT K.MEERA - RESPONDENT

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.01.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                            -2-
Cont. Case (C) No. 1229 of 2020



                                       JUDGMENT

Anil K.Narendran, J.

The petitioner has filed this Contempt of Court case

alleging non compliance of the directions contained in

Annexure I Judgment of this Court dated 06.03.2018 in O.P.

(FC) No.108 of 2018, whereby that original petition was

disposed of by modifying the interim arrangement made by

the Family Court, Ernakulam in O.P No.2315 of 2017

regarding custody of the child as follows:

"(i) The father (Joemon) will have interim custody of the child (Gabriella) from 4 p.m on every Saturday till 4 p.m on the succeeding Sunday.

(ii) The period of interim custody granted during Onam, Christmas and summer vacation does not warrant any change pending disposal of the main proceedings.

(iii) The venue for exchange of the child shall be the Family Court, Ernakulam and not the Church at Champakkara. The same shall be duly entered in the register maintained in the Family Court.

(iv) The father is entitled to the interim custody as above only if he pays a sum of Rs.5,000/- (Rupees five thousand only) as maintenance to the child.

(v) The amount of maintenance shall be paid by

Cont. Case (C) No. 1229 of 2020

Demand Draft drawn in the name of the wife (Amita Devi Josnan) and passed on the first Saturday evening.

The above interim arrangement will continue till O.P No.2315/17 is disposed of by the court below. We also record the fact that we had interaction with both the father and mother of the child before coming to the above conclusion. The Family Court, Ernakulam is further directed to dispose of O.P.No.2315/2017 along with connected cases as expeditiously as possible."

2. Today, when this Contempt of Court case is taken

up for consideration, it is submitted by the learned counsel for

the review petitioner/respondent and also the learned counsel

for the respondent/petitioner that the matter has already

been settled between the parties and as such, this Contempt

of Court case may be closed.

Recording the aforesaid submission made by the learned

counsel on both sides, this Contempt of Court case is closed.

Sd/-

ANIL K.NARENDRAN JUDGE

Sd/-

SATHISH NINAN JUDGE

das

Cont. Case (C) No. 1229 of 2020

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE I CERTIFIED COPY OF THE JUDGMENT IN O.P.

(FC) NO.108/2018 OF THIS COURT DATED 6.3.2018.

ANNEXURE II A TRUE COPY OF THE RELEVANT PAGES OF THE BOOK MAINTAINED IN FAMILY COURT, ERNAKULAM (20 IN NUMBERS).

ANNEXURE III FEW WHATSAPP MESSAGES SEND BY THE RESPONDENT TO THE PETITIONER (16 IN NUMBERS).