Kerala High Court
Manu Cheriyan vs Philomina Decitha Edwin on 1 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
OP (FC) NO. 270 OF 2020
AGAINST THE ORDER/JUDGMENT IN M.C.NO.58/2020 OF FAMILY
COURT, ERNAKULAM
PETITIONER/S:
MANU CHERIYAN, AGED 36 YEARS,
S/O.P.D. CHERIACHAN, PADAYATTIL HOUSE,
PALISSERY, PADUVAPURAM P.O.,
ERNAKULAM DISTRICT-683 576.
BY ADVS.
C.J.SOLOMAN
K.B.SAJAN
E.G.AMBILY
RESPONDENT/S:
1 PHILOMINA DECITHA EDWIN, AGED 29 YEARS,
W/O.MANU CHERIYAN, NOW RESIDING AT THUNDIPARAMBIL
HOUSE, VYPEEN, AZHEEKAL PO., ERNAKULAM-682 508.
2 ZANETA NES MANU, AGED 11 MONTHS,
REPRESENTED BY HER MOTHER PHILOMINA DECITHA EDWIN,
AGED 29 YEARS, W/O.MANU CHERIYAN, THUNDANPARAMBIL
HOUSE, VYPEEN, AZHEEKAL, ERNAKULAM.
BY ADVS.
SRI.JOY GEORGE
SMT.PRAICY JOSEPH
SRI.RAJU JOSEPH
SRI.VINO JOSE
TANYA JOY
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (FC) NO.270/2020 2
JUDGMENT
A.Muhamed Mustaque, J.
The petitioner-father, impugning the order in an
interlocutory application for custody of the elder child, has
filed this original petition. Admittedly, the younger child is
with the mother. The mother is given weekend custody of
the elder child. That is impugned in this original petition.
2. The learned counsel for the petitioner submits that
the mother cannot be given custody for the reason that she
gave liquor to the minor and she and her parents ill-treat
the child.
We may not be justified to interfere with the impugned
order. The petitioner-father has all liberty to seek
modification to the impugned order for any cogent reasons.
The arrangement now made by the Family Court shall
continue until it is varied or modified in an appropriate
manner.
With the above observations, the Original Petition is
dismissed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
DR. KAUSER EDAPPAGATH, JUDGE
ln
APPENDIX OF OP (FC) 270/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF M.P.NO.286/2020 FILED BEFORE
THE HONOURABLE FAMILY COURT DATED 03/06/2020
IN M.C.NO.58/2020.
EXHIBIT P2 TRUE COPY OF THE ORDER OF THE HONOURABLE
FAMILY COURT DATED 04/06/2020 IN M.P.
NO.286/2020 IN MC.NO.58/2020.
EXHIBIT P3 TRUE COPY OF THE RECEIPT OF THE COMPLAINT
GIVEN IN ANGAMALY POLICE STATION DATED
23/07/2020.
EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT DATED 30/07/2020.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT FILED BEFORE THE
COMMISSIONER OF POLICE DATED 03/08/2020
THROUGH E-MAIL.
EXHIBIT P6 TRUE COPY OF THE PETITION FILED BY THE
RESPONDENT BEFORE THE HONOURABLE FAMILY
COURT DATED 03/08/2020.
RESPONDENT EXHIBITS:
EXHIBIT R1(A) THE PHOTOCOPY OF THE ORDER OF THE FAMILY
COURT DATED 18/08/2020 IN MP.NO.434/20 IN
MC.58/20.
EXHIBIT R1(B) THE PHOTOCOPY OF THE EMAIL CORREPONDENCE TO
SHO, ANGAMALY ON VARIOUS DATES.
EXHIBIT R1(C) THE PHOTOGRAPHS OF CHILD WITH THE
RESPONDENTS FAMILY MEMBERS.
