Manoj.M.V vs Anju C.B
2021 Latest Caselaw 14249 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                    &
               THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
       THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                         OP (FC) NO. 250 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP 2183/2020 OF FAMILY COURT,THRISSUR,
                                 THRISSUR
PETITIONER:

              MANOJ.M.V, AGED 36 YEARS, S/O.MADHAVAN NAIR, MADATHIL
              MANOCHITHRA VEEDU, EDAKKULANGARA POST, THODIYUR,
              KARUNAGAPPILLY TALUK, KOLLAM
              BY ADVS.
              N.NANDAKUMARA MENON (SR.)
              SRI.P.K.MANOJKUMAR
              SMT.SMITHA S.PILLAI
              SMT.ALICE THOMAS
              SMT.M.C.SINY


RESPONDENT:

              ANJU C.B, AGED 26 YEARS, D/O.BHASI, THIRUVONAM CORNER,
              PUTHOORKKARA, AYYANTHOLE , THRISSUR 680 683
              BY ADV SRI.PREMCHAND M.


  THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 08.07.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC) NO. 250 OF 2021
                                    2




                              JUDGMENT

A.Muhamed Mustaque, J

This original petition was filed challenging the

order passed by the Family Court, Thrissur, directing

the petitioner to produce the child before the Family

Court. Admittedly, the child is less than three years

old. Application for interim custody of the child is

pending before the Family Court.

2. In such circumstances, we are of the view

that the Family Court shall pass appropriate orders on

the application for interim custody of the child after

adverting to the pleadings and evidence. In view of

the fact that the child is less than three years old,

it is not necessary to produce the child before the

Family Court. Appropriate orders shall be passed on

the application for interim custody after hearing both

sides, within a period of three weeks. The parties are

directed to appear before the Family Court to hear the

application for interim custody on 16.07.2021. We

direct the Family Court to pass appropriate orders OP (FC) NO. 250 OF 2021

within a period of three weeks from today.

This original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

DR. KAUSER EDAPPAGATH JUDGE

PR OP (FC) NO. 250 OF 2021

APPENDIX OF OP (FC) 250/2021

PETITIONER ANNEXURE EXHIBIT P1 THE PHOTOSTAT COPY OF THE APPLICATION DATED 17.12.2020 IN O.P.NO.2183/2020 BEFORE THE HON'BLE FAMILY COURT, THRISSUR, FILED BY ANJU.C.B EXHIBIT P2 THE PHOTOSTAT COPY OF THE OBJECTION DATED 19.1.2021 FILED BY MANOJ M.V.RESPONDENT BEFORE THE HON'BLE FAMILY COURT, THRISSUR EXHIBIT P3 THE PHOTOSTAT COPY OF THE APPLICATION 7.3.2021 FILED BY MANOJ.M.V. RESPONDENT BEFORE THE HON'BLE FAMILY COURT, THRISSUR EXHIBIT P3(a) THE PHOTOSTAT COPY OF THE MEDICAL CERTIFICATE OF THE CHILD, ANAMIKA.M.NAIR, DATED 11.3.2021 ISUED BY THE VAGBHADA AYURVEDA KENDRAM, KARUNAGAPPALLY EXHIBIT P4 THE PHOTOSTAT COPY OF THE ORDER DATED 20.3.2021 IN IA NO.06/2021 IN OP 2183/2020 PASSED BY THE HON'BLE FAMILY COURT, THRISSUR