Kerala High Court
Don Paul vs Tisa Don @ Tisa Palackal Kuriakose on 5 October, 2021
Con.Case(C) No.845/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE N.NAGARESH
Tuesday, the 5th day of October 2021 / 13th Aswina, 1943
CONTEMPT CASE(C) NO. 845 OF 2021(S) IN OP (FC) 281/2019
PETITIONER/PETITIONER:
DON PAUL, AGED 38 YEARS, S/O. LATE PAUL PAUL,
THENGUMAPALLY HOUSE, MANJOOR P.O., MANJOOR VILLAGE,
KOTTAYAM-686 603.
BY ADVS. M/S.ARUN MATHEW VADAKKAN, GERRY DOUGLES S.
ALLEGED CONTEMPTOR/RESPONDENT/RESPONDENT:
TISA DON @ TISA PALACKAL KURIAKOSE, AGED 32 YEARS,
D/O. GEORGE KURIAKOSE, PALACKAL HOUSE, BUS STAND ROAD,
VAIKOM P.O., KOTTAYAM DISTRICT-686 141.
This Contempt of court case (civil) having come up for orders on
05.10.2021, the court on the same day passed the following:
P.T.O.
Con.Case(C) No.845/2021 2/5
ALEXANDER THOMAS & N.NAGARESH, JJ.
================================================
Cont. Case (C) No. 845 of 2021
[arising out of impugned judgment dated 7.5.2019 in OP(FC) No. 281 of 2019]
===============================================
Dated this the 5th day of October, 2021
ORDER
Heard Sri.Arun Mathew Vadakkan, learned counsel appearing for the
petitioner. Though the petitioner's counsel has served notice on the alleged
contemnor/respondent in this Contempt case on Sri.Abraham P.George,
learned counsel who appeared for that party at the OP(FC) stage, the said
advocate has not entered appearance.
2. It is urged by Sri.Arun Mathew Vadakkan, learned counsel
appearing for the petitioner that the specific direction issued by this Court
in Anx.A-1 judgment dated 7.5.2019 in OP(FC) Nos. 281 & 274 of 2019, as
contained in para 4 on pages 6 & 7 thereof, was to the effect that the child
shall be produced by the wife on all alternate Sundays in the St.George
Church, Thalayolaparambu from 2 P.M. to 4.30 P.M. for the interaction of
the child with the petitioner in the presence of the priest or any other person
authorised by the priest, as already ordered by the Family Court in the
impugned order. Further, it is stated by the petitioner that the said
directions of this Court in Anx.A-1 judgment have been consistently violated
by the respondent herein (wife) for 6 consecutive months from June, 2020
Con.Case(C) No.845/2021 3/5
Cont. Case (C) No. 845 of 2021
to November, 2020, wherein visitation on every alternate Sundays have
been totally denied to the petitioner, and the petitioner was never even
allowed to have a telephonic contact with the ward. Averments to that effect
are made in para 7 of this Contempt petition. Further, it is averred in para 9
of the Contempt petition that the alleged contemnor again started violating
the abovesaid order of this Court at Anx.A-1 from April, 2021 till date, etc.
3. In view of these aspects, the Contempt of Court case will stand
admitted. Issue notice to the alleged contemnor/respondent herein by speed
post returnable within 2 weeks. The petitioner's counsel is permitted to
serve copy of this order to Sri.Abraham P.George, learned counsel who
appeared for the respondent herein at the OP(FC) stage.
4. The alleged contemnor/respondent herein will immediately
ensure that the child is produced at the above venue (St.George Church,
Thalayolaparambu) on 24.10.2021 (Sunday) between 2 P.M. and 4.30 P.M.
so that the petitioner will get the benefit of interaction with the child in the
presence of the priest or any other person authorised by the priest, as
directed in Anx.A-1.
5. Further, the alleged contemnor/respondent will personally
appear before this Court along with the child on the next posting date.
The petitioner shall also be present on the said day before this Court as well.
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Cont. Case (C) No. 845 of 2021
6. The Registry will forward a copy of this order to the respondent
herein while serving notice in this Contempt petition.
List the case at 1.20 P.M. in the Chambers on 28.10.2021.
Hand over to both sides.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
N.NAGARESH, JUDGE
MMG
05-10-2021 /True Copy/ Assistant Registrar
Con.Case(C) No.845/2021 5/5
APPENDIX OF CON.CASE(C) 845/2021
ANNEXURE A1 CERTIFIED COPY OF ORDER OF THIS HON'BLE COURT DATED
07.05.2019 IN OP(FC) NO.281/2019.
