Sreejithkumar.S vs Sreelakshmi R.S
2021 Latest Caselaw 23461 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                 &
          THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                   OP (FC) NO. 448 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPGW 541/2020 OF FAMILY COURT,
                       CHAVARA, KOLLAM
PETITIONER/S:

          SREEJITHKUMAR.S, AGED 38 YEARS,
          S/O.SASIKUMAR M.S, THEKKILLATHU HOUSE,
          PERUNNA EAST P.O, CHANGANASSERY 686 102
          (NOW RESIDING AT SIVAGANGA (H), CHENGANKULANGARA,
          OACHIRA P.O-690 526.
          BY ADVS.
          MEREENA.J.JOSEPH
          BABY NANDHINI
          H.SUBHALEKSHMI


RESPONDENT/S:

          SREELAKSHMI R.S, AGED 32 YEARS,
          D/O.SASIDHARAN, 594, ABHI PALACE,
          PADA NORTH, KARUNAGAPPALLY, KOLLAM,
          KERALA-690 518.
          PERMANENT ADDRESS
          AMRUTHAM, CHAMPAKARA, KARUKACHAL P.O.,
          KOTTAYAM DIST., KERALA, PIN-686540.
          BY ADVS.
          K.MANOJ CHANDRAN
          AMMU CHARLES


THIS OP (FAMILY   COURT) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE   COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(FC) No.448/2021             2



                              JUDGMENT

A.Muhamed Mustaque, J.

This original petition is filed by the father of a minor child

challenging the interim custody given to the mother on every

second Saturday from 10 am to 3 pm till the succeeding Sunday.

The mother is the petitioner before the Family Court, Chavara, in

O.P.(G&W) No.541/2020. In an interim application filed by the

mother in the above original petition, the impugned order was

passed. The mother is residing at Kottayam and the father is

residing at Ochira, Kollam.

2. The challenge is essentially with reference to the

wayward life of the mother. According to the father, the mother

is leading an immoral indecent life and it will affect the

upbringing and the character of the child. The Family Court had

not entered into any findings in regard to the character of the

mother. There are serious doubts in regard to the question raised

by the father before this Court, the character of the respondent.

The mother is residing around 62 kilometres away from the

father's residence. If she is not given overnight custody as above,

certainly, she will not be able to familiarize with the child. What

is given is only an overnight custody once in a month. The child is

seven years old. We find no reason to interfere with the order.

The mother claims that she may also be given custody during

vacation. This is stoutly opposed by the learned counsel for the

father. We give liberty to the Family Court to modify the

impugned order as well.

With the above observations, the original petition is disposed

of.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE Sd/-

SOPHY THOMAS, JUDGE ln

APPENDIX OF OP (FC) 448/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE PHOTOCOPY OF THE CHATS DETAILS OF THE RESPONDENT WITH OTHER MEN AT DIFFERENT DATES ARE PRODUCED EXHIBIT P2 A TRUE COPY OF THE ORDER IN IA 1/2020 IN O.P NO. 380/2020 OF THE FAMILY COURT CHAVARA DATED 30-07-2020 EXHIBIT P3 A TRUE COPY OF THE INTERLOCUTORY APPLICATION FILED BY THE RESPONDENT NUMBERED AS IA 1/2021 DATED __/08/2020. EXHIBIT P4 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER TO IA 1 OF 2020 IN O.P NO 541/2020 DATED 25-03-2021. EXHIBIT P5 A TRUE COPY OF THE ORDER IN IA 1 OF 2020 IN OP (G AND W) 541/2020 DATED 31-08- 2021.