Nisha. R vs Rakesh B.G
2021 Latest Caselaw 18951 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
       THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                             &
       THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                  OP (FC) NO. 131 OF 2021
  AGAINST THE ORDER/JUDGMENT IN OP(G & W)No.1089/2018 OF
            FAMILY COURT, KOTTARAKKARA, KOLLAM
PETITIONER/S:

         NISHA R., AGED 31 YEARS,
         W/O.RAKESH.B.G., RESIDING AT 48/474 C,
         DEVI PRASADAM, MRA 66/2B MLA ROAD,
         ARAMADA P.O., THIRUVANANTHAPURAM-695 032.
         BY ADVS.
         C.UNNIKRISHNAN (KOLLAM)
         SRI.D.JAYAKRISHNAN
         SMT.SHARON S.V.


RESPONDENT/S:

         RAKESH B.G, AGED 34 YEARS,
         S/O.GOPALAPILLAI, PERMANENTLY
         RESIDING AT RAJISHA BHAVAN, THAZHAMEL,
         ANCHAL P.O., KOLLAM-691 306,
         WORKING AT ASSISTANT MANAGER CIRCULATION,
         MATHURBHOOMI PRINTING AND PUBLISHING,
         MATHRUBHOOMI BUILDINGS, K.P.KESAVA MENON ROAD,
         MANANCHIRA, KOZHIKODE-673 001.
         BY ADVS.
         SRI.R.SURAJ KUMAR
         SRI.SUNIL J.CHAKKALACKAL
         SMT.ANJANA R.S.


THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC) NO.131/2021             2



                           JUDGMENT

A.Muhamed Mustaque, J.

This original petition has been filed by the mother

challenging the order in an interlocutory application for interim

custody of the ward. The Family Court has passed a detailed

order. As far as the disposal of the interim application is

concerned, what is required to be made by the Family Court is

the interim arrangement till the disposal of the matter.

However, a detailed reason has been set out in the impugned

order justifying the custody with the father and permitting the

mother to interact with the ward on every Sunday between 9

a.m. to 1 p.m. The original petition has been pending since

2018. The interim order was passed on 28.12.2020. We may

not be justified in interfering with the order in view of the fact

that the matter itself has become ripe for disposal. In such

circumstances, the Family Court, untrammelled by any

observations in the impugned order, shall dispose of the original

petition itself within a period of three months. Both parties are

free to place the evidence before the Family Court.

The original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE Sd/-

DR. KAUSER EDAPPAGATH, JUDGE ln

APPENDIX OF OP (FC) 131/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PETITION IN OP(G & W) NO.1089/2018 FILED BY THE RESPONDENT FATHER.

EXHIBIT P2 TRUE COPY OF THE DETAILED COUNTER AFFIDAVIT IN OP(G & W) NO.1089/2018 FILED BY THE PETITIONER MOTHER HEREIN. EXHIBIT P3 TRUE COPY OF THE PETITION IN IA NO.2495/2019 IN OP(G & W) NO.1089/2018 FILED BY THE PETITIONER HEREIN.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED O1.03.2021 FILED BEFORE ANCHAL POLICE STATION.

EXHIBIT P5 TRUE COPY OF THE REPORT DATED 02.03.2021 OF CHILD LINE KOLLAM ADDRESSED TO THE CHAIRMAN, CWC, KOLLAM, RECEIVED BY THE PETITIONER UNDER RTI ACT.

EXHIBIT P6 A TRUE COPY OF THE COMPLAINT DATED 3/3/2021 SUBMITTED BY THE PETITIONER TO THE CHAIRMAN, CWC, KOLLAM.

EXHIBIT P7 A TRUE COPY OF THE REPLY DATED 25/3/2021 RECEIVED BY THE PETITIONER UNDER RTI ACT CONTENTING THE COUNSELLING REPORT DATED 19/3/2021 OF THE CHILD WELFARE COMMITTEE, KOLLAM.