Suraj vs Archana
2021 Latest Caselaw 8063 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                              &

     THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

                    OP (FC).No.25 OF 2021

   AGAINST THE ORDER/JUDGMENT IN OP 346/2020 OF FAMILY
                     COURT, PALAKKAD


PETITIONER:

              SURAJ, AGED 36 YEARS, S/O RAJAN, KATTUPARAMBIL
              HOUSE, KUZHALMANNAM POST, ALATHUR TALUK,
              PALAKKAD DISTRICT-678 702.

              BY ADV. SMT.K.S.SUMITHA

RESPONDENT:

              ARCHANA, D/O.CHANDRAN, KOOTTAMUCHI VEEDU,
              PUTHIYANKAM.P.O, ALATHUR TALUK,
              PALAKKAD DISTRICT-678 542.

              R1 BY ADV. SHRI.ABRAHAM SAMSON
              R1 BY ADV. SMT.LOVELY SAMSON

     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 09.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.25 OF 2021

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                         JUDGMENT

Dated this the 9th day of March 2021

A.Muhamed Mustaque, J

This matter relates to a dispute regarding

interim custody. The operative portion of the order

passed by the Family Court reads thus:

"The petitioner is allowed to see and interact with the minor child, Samridhi, on all the 1st and the 3rd Fridays from 3 pm to 4 pm at the premises of the Court.

The respondent is hereby directed to produce the minor child on all the 1st and the 3rd Fridays at 3 pm before the Chief Ministerial Officer of this Court and shall hand over the custody of the child to the petitioner for interaction up to 4 pm.

The petitioner shall pay an amount of Rs.1,500/- to the respondent on all interaction days towards the travel and other expenses of the minor child and the respondent. "

2. The child is only five years old. The

learned counsel for the petitioner submits that the

petitioner is allowed to interact with the child for

only one hour and in that one hour, the petitioner OP (FC).No.25 OF 2021

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is not in a position to take the child to his

residence to interact with his parents. The learned

counsel for the petitioner seeks an overnight

custody.

3. The prayers are opposed by the learned

counsel for the respondent.

4. Having considered the totality of the

facts, we are of the view that the impugned order

can be slightly modified. Accordingly, we dispose

of the original petition by modifying the impugned

order with the following directions:

(i) The petitioner can be given custody of the

child from 11 am to 4 pm on the date mentioned in

the impugned order.

(ii) The child shall be produced before the

Chief Ministerial Officer by the respondent on the

days referred to in the order and the petitioner

shall return the child at 4 pm to the Chief OP (FC).No.25 OF 2021

..4..

Ministerial Officer.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

DR. KAUSER EDAPPAGATH

JUDGE

PR OP (FC).No.25 OF 2021

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APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF ORDER IN I.A.2/20 IN O.P.346/20 DATED 24/11/20 OF LEARNED FAMILY COURT,PALAKKAD.

EXHIBIT P2 TRUE COPY OF O.P.346/20 OF LEARNED FAMILY COURT,PALAKKAD.

EXHIBIT P3 TRUE COPY OF I.A.2/20 IN O.P.NO.346/20 OF LEARNED FAMILY COURT,PALAKKAD.

EXHIBIT P4 TRUE COPY OF COUNTER IN I.A.2/20 IN O.P.346/20 ON THE FILE OF FAMILY COURT,PALAKKAD.