Kerala High Court
Sam George vs Annie Sam on 5 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH
FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
Mat.Appeal.No.633 OF 2018
AGAINST THE ORDER IN OP(G & W)NO.182/2016 DATED
31-03-2017 OF FAMILY COURT, THODUPUZHA
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APPELLANT/S:
SAM GEORGE, S/O.GEORGE,
AGED 42 YEARS, ADACHITHOTTIYAL(H),
PULIKATHADAM, EDADU PO, ELAPPILLY VILLAGE,
MOOLAMATTOM-685589.
BY ADVS.
SRI.G.BHAGAVAT SINGH
SRI.ANWIN SHAJ
RESPONDENT/S:
ANNIE SAM, AGED 35 YEARS,
ADACHITHOTTIYAL(H),
PULIKATHADAM, EDADU PO,
ELAPPILLY VILLAGE,
MOOLAMATTOM -685589,
NOW RESIDING AT PUTHEN VEEDU (H).
BY ADV.SRI.UNNIKRISHNAN.V.ALAPATT
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal.No.633 OF 2018
-:2:-
JUDGMENT
Dated this the 5th day of March 2021
A.Muhamed Mustaque, J.
This Mat. Appeal was filed by the father of the minor
child challenging the order in O.P.(G&W).No.182/2016 on the
file of the Family Court, Thodupuzha. A girl child born in
the wedlock of the appellant and the respondent is nearing
10 years. By the impugned order, the custody of the child
is given to the mother and the father was given visitorial
rights once in a month, preferably on second Saturdays
between 10 am to 5 pm. The child was in the custody of the
father till that order was passed. This Court on
19/12/2018, in I.A.No.2274/2018, passed the following
order:
There will be an interim stay against implementation of the judgment
and decree in O.P (G&W) No.182/2016 of the Family Court, Thodupuzha,
pending disposal of the above appeal, subject to condition of the
appellant handing over custody of the minor ward namely, Aleena Sam to
the respondent during alternate weekends from 10.30 a.m. on the
Mat.Appeal.No.633 OF 2018
alternate Saturdays till 4 p.m. on the succeeding Sundays and for the
first 5 days each during Onam and Christmas holidays and for the first
15 days each in the months of April and May during mid-summer
vacation. The child shall be handed over custody and taken back
custody from the premises of the Family Court, Thodupuzha.
2. The father, based on the above order, retained
custody subject to contact rights of the mother on
alternate weekends from 10.30 am till 4 p.m. of the ensuing
Sunday.
3. Today, pursuant to the direction of this Court,
the parties appeared before this Court. We interacted with
the parties and the child. The mother was also given
company of the child, nearly for two hours. Having
interacted with the parties, tentatively, the following
agreement has been reached. The father is allowed to
retain the custody of the child subject to the following
rights of the mother:
The mother will be given custody of the child every
Saturday (except 2nd Saturday) from 10.30 am till 4.30 pm.
The child shall be handed over through the Sheristadar of
the Family Court, Thodupuzha, and returned through the
Sheristadar. The above arrangement will continue for a
period of four months.
Mat.Appeal.No.633 OF 2018
4. We remand the matter back to the Family Court for
consideration of future arrangement to be made in regard to
the custody of the child. The parties shall appear before
the Family Court on 5.7.2021. The Family Court shall,
after taking note of all the attending circumstances, take
an appropriate decision thereon.
The Mat. Appeal is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR.KAUSER EDAPPAGATH
JUDGE
ms
Mat.Appeal.No.633 OF 2018
APPENDIX
APPELLANT'S/S ANNEXURES:
ANNEXURE-A1 : COPY OF THE ORDER IN I.A.NO.196/2017 IN O.P.
(G&W) NO.182/2016 DATED 15.06.2017 OF THE
FAMILY COURT, THODUPUZHA.
ANNEXURE-A2 : COPY OF THE ORDER IN I.A.NO.367/2017 IN
OP(G&W) NO.182/2016 DATED 24.3.2018 OF THE
FAMILY COURT, THODUPUZHA.
ANNEXURE-A3 : COPY OF THE ORDER DATED 09.03.2016 PASSED BY
THE CHILD WELFARE COMMITTEE, IDUKKI.
RESPONDENTS'ANNEXURES:NIL.
//TRUE COPY//
P.S.TO JUDGE
