Ahammed Ashraf Babu vs Sajitha T.P.M
2021 Latest Caselaw 7405 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                   &

         THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

   WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

                         OP (FC).No.427 OF 2019

 AGAINST THE ORDER DATED 7.6.2019 IN IA744/2019 IN OP 309/2019 OF
                       FAMILY COURT, TIRUR


PETITIONER/PETITIONER:

             AHAMMED ASHRAF BABU,
             AGED 49 YEARS
             S/O. E.P.MOHAMMEDALI, OBADEI HOUSE, CHETTIPADI P.O.,
             PARAPPANANGADI,CHETTIPADI, TIRURANGADI TALUK,
             MALAPPURAM, DISTRICT-676 319

             BY ADVS.
             SRI.S.SREEKUMAR (SR.)
             SRI.P.MARTIN JOSE
             SRI.P.PRIJITH
             SRI.THOMAS P.KURUVILLA

RESPONDENT/RESPONDENT:

             SAJITHA T.P.M.,
             AGED 43 YEARS
             D/O.ABDULLA, KALLINGALAKATH, PARAPPANAGADI P.O.,
             PARAPPANAGADI,CHIRAMANGALAM, TIRURANGADI TALUK,
             MALAPPURAM DISTRICT-676 303

             R1 BY ADV. SRI.K.P.SUDHEER
             R1 BY ADV. SRI.J.RAMKUMAR

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD            ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(FC).No.427/2019
                                    2




                                JUDGMENT

Dated this the 3rd day of March 2021

A.MUHAMED MUSTAQUE, J

This original petition was filed challenging an interim

order in regard to the custody of a minor child. The

petitioner is the father and the respondent is the mother

of the child. The Family Court declined to grant interim

custody of the child to the petitioner. A detailed order

has been passed by the Family Court.

2. Having heard the learned counsel on both sides, we

are of the view that the father cannot be deprived of the

right to interact with the child. Though we agree with the

Family Court in regard to the interim arrangement now made,

we are of the view that the father shall be permitted to

have custody of the child on all Saturdays from 10 am till

4 pm, except 2nd Saturday. The respondent shall hand over

the child to the father at the Family Court premises.

Father is also permitted to contact the child through video

call on every Wednesday between 8 to 8.30 pm. The order O.P.(FC).No.427/2019

impugned is modified as above. If there is any chance for

settlement, the parties can be referred for mediation at

the instance of the Family Court.

The O.P.(FC) is disposed of.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

                                       Dr. KAUSER EDAPPAGATH

kp               True copy                     JUDGE
                   P.A. To Judge
 O.P.(FC).No.427/2019


                             APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1             TRUE COPY OF PETITION AS O.P.NO.309 OF 2019

FILED BY THE PETITIONER BEFORE THE OF FAMILY COURT,TIRUR ON 30.04.2019

EXHIBIT P2 TRUE COPY OF IA NO.744 OF 2019 IN OP NO309 OF 2019 FILED BY THE PETITIONER BEFORE THE FAMILY COURT , TIRUR

EXHIBIT P3 TRUE COPY OF COUNTER STATEMENT IN IA NO.744 F 2019 IN OP NO309 OF 2019 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT,TIRUR

EXHIBIT P4 TRUE COPY OF ORDER IN IA NO.874 OF 2019 IN OP NO.309 OF 2019 OF THE FAMILY COURT, TIRUR DATED 07.06.2019

EXHIBIT P5 TRUE COPY OF ORDER IN IA NO.744 OF 2019 IN OP NO.309 OF 2019 OF THE FAMILY COURT, TIRUR DATED 07.06.2019

RESPONDENT'S/S EXHIBITS:

EXHIBIT R1(A) TRUE COPY OF ORDER DATED 4.5.2019 IN CMP NO.1630/2019 IN MC35/19 ON THE FILE F HTE JUDICIAL 1 CLASS MAGISTRATE COURT I PARAPPANAGADI

EXHIBIT R1(B) TRUE COPY OF FIR IN CRIME NO.67/2020 OF PARAPPANAGADI POLICE STATION

EXHIBIT R1(C) TRUE COPY OF FIR IN CR.NO.646/2020 OF PRAPPANAGADI POLICE STATION

EXHIBIT R1(D) TRUE COPY OF THE APPLICATION CMP NO.2178/2020 SUBMITTED BY THE RESPONDENT HEREIN BEFORE JFCM COURT PARAPPANAGADI

EXHIBIT R1(E) TRUE COPY OF REPORT DT.21.7.2020 SUBMITTED BY THE SI OF POLICE PARAPPANAGADI POLICE STATION.