Rekha Pillai vs Dileep Raveendran
2022 Latest Caselaw 4091 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 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                        OP (FC) NO.177 OF 2022
  AGAINST THE ORDER/JUDGMENT IN OPGW 151/2020 OF FAMILY COURT,
                               KOTTAYAM
PETITIONER:
          REKHA PILLAI
          AGED 39 YEARS
          PADICKAPARAMBIL HOUSE, THRIKKOTHAMANGALAM P.O,
          PUTHUPPALLY, KOTTAYAM, PIN - 686011

            BY ADVS.
            ARJUN S.
            SAJI KODUVATH


RESPONDENTS:

    1       DILEEP RAVEENDRAN
            AGED 40 YEARS
            ILLIPARAMBIL HOUSE, THIRUVATHUKKAL P.O, KOTTAYAM,
            PIN - 686003

    2       SASIKALA RAVEENDRAN
            AGED 65 YEARS
            ILLIPARAMBIL HOUSE, THIRUVATHUKKAL P.O, KOTTAYAM,
            PIN - 686003

            BY ADVS.
            Liji J Vadakkedom J
            TOM E. JACOB(K/1144/2001)
            REXY ELIZABETH THOMAS(K/635/1995)


     THIS    OP   (FAMILY   COURT)   HAVING   BEEN   FINALLY   HEARD   ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC) No.177 of 2022                  2


                       A.MUHAMED MUSTAQUE &
                           SOPHY THOMAS, JJ.
                     ------------------------------------
                         O.P. (FC) No.177 of 2022
                     ------------------------------------
                  Dated this the 7th day of April, 2022


                             JUDGMENT

A.Muhamed Mustaque, J.

The petitioner is the mother. She approached this Court

alleging non compliance of the order passed by the Family Court,

Kottayam allowing the petitioner to have custody of the children on

all Fridays preceding the second Saturday of every month at 5 p.m

and to return the children on the following Sunday at 5 p.m.

2. Today, we directed the parties to appear before us. The

petitioner is present. The 2nd respondent, who is the mother of the

1st respondent, is also present. The 1st respondent/father is now

stated to be in U.K. We interacted with the parties and the children.

On interaction, we are of the view that, the children though prefer to

stay with their paternal grandmother, they have no aversion to their

own mother. The Family Court passed an order giving custody to the

mother on 27.04.2021. She says that, she could not get custody of

the children ever since the order passed. Though what is questioned

before this Court is non-granting custody pursuant to interim orders,

for us, the paramount consideration is the welfare of the children.

We do not see any reason why the mother should be deprived

custody of her children during summer holidays. The distance

between the paternal grandparents' house and mother's house is

only 10 K.M.

3. Learned counsel for the respondents would submit that, the

mother is not in Kottayam and she is now employed in Ernakulam.

However, the mother says that, she is working from home at

Kottayam.

In the light of the above circumstance, we are of the view that,

the mother should be given custody during summer holidays from

10 a.m on Monday till 5 p.m on Saturday, and the paternal

grandmother shall be given custody from 5 p.m on Saturday till

10 a.m on Monday. The mother is allowed to take and return the

children from the house of the respondents. However, this

arrangement will continue only during summer vacation, and

thereafter, the Family Court shall pass appropriate orders in regard to

custody. We make it clear that, the mother is given custody as

above on condition that, the mother resides with the children at

Kottayam at her residence at Thrikkothamangalam in Puthuppally.

The Child Welfare Committee Kottayam shall see that the children

are residing in their mother's residence at Thrikkothamangalam in

Puthuppally.

This original petition is disposed of as above.

A copy of this order shall be served to CWC Kottayam through

learned Government Pleader.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE

smp

APPENDIX OF OP (FC) 177/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE FINAL REPORT IN CR.NO.1871/2019 DTD 20.02.2020 OF KOTTAYAM WEST POLICE STATION UNDER SEC.498A OF IPC

Exhibit P2 A TRUE COPY OF THE PETITION IN O.P(G&W) NO.151/2020 BEFORE THE HON’BLE FAMILY COURT- KOTTAYAM AT ETTUMANOOR DTD 30.01.2020

Exhibit P3 A TRUE COPY OF THE APPLICATION IA.NO.1/2020 IN OP(G&W)151/2020 OF THE HON'BLE FAMILY COURT- KOTTAYAM AT ETTUMANOOR DTD 06.03.2020

Exhibit P4 A TRUE COPY OF THE OBJECTIONS FILED BY THE 1ST RESPONDENT IN IA.NO.1/2020 IN OP(G&W)151/2020 OF THE HON’BLE FAMILY COURT- KOTTAYAM AT ETTUMANOOR

Exhibit P5 A TRUE COPY OF THE APPLICATION IA.NO.3/2020 IN OP(G&W)151/2020 OF THE HON'BLE FAMILY COURT- KOTTAYAM AT ETTUMANOOR DTD 24.09.2020 FILED BY THE PETITIONER

Exhibit P6 A TRUE COPY OF THE OBJECTIONS FILED BY THE 1ST RESPONDENT IN IA.NO.3/2020 IN OP(G&W)151/2020 OF THE HON’BLE FAMILY COURT- KOTTAYAM AT ETTUMANOOR

Exhibit P7 A TRUE COPY OF THE APPLICATION IA.NO.4/2020 IN OP(G&W)151/2020 OF THE HON'BLE FAMILY COURT- KOTTAYAM AT ETTUMANOOR DTD 30.11.2020 FILED BY THE PETITIONER

Exhibit P8 A TRUE COPY OF THE ORDERS IN IA.NO.4/2020 IN OP(G&W) 151/2020 OF THE HON’BLE FAMILY COURT- KOTTAYAM AT ETTUMANOOR DTD 09.12.2020

Exhibit P9 A TRUE COPY OF THE APPLICATION IA.NO.7/2021 IN OP(G&W)151/2020 OF THE HON'BLE FAMILY COURT- KOTTAYAM AT ETTUMANOOR DTD 04.02.2021 FILED BY THE PETITIONER

Exhibit P10 A TRUE COPY OF THE COMMON ORDER IN IA.NO.3/2020 AND IA.NO.7/2021 OF OP(G&W)151/2020 OF THE HON’BLE FAMILY COURT- KOTTAYAM AT ETTUMANOOR DTD 27.04.2021

Exhibit P11 A TRUE COPY OF THE APPLICATION IA.NO.10/2021 IN OP(G&W)151/2020 OF THE HON'BLE FAMILY COURT- KOTTAYAM AT ETTUMANOOR DTD 22.07.2021 FILED BY THE PETITIONER

Exhibit P12 A TRUE COPY OF THE OBJECTION TO IA.NO.10/2021 IN OP(G&W)151/2020 OF THE HON’BLE FAMILY COURT- KOTTAYAM AT ETTUMANOOR FILED BY THE 1ST RESPONDENT

Exhibit P13 A TRUE COPY OF THE APPLICATION IA.NO.11/2021 IN OP(G&W)151/2020 OF THE HON'BLE FAMILY COURT- KOTTAYAM AT ETTUMANOOR DTD 16.09.2021 FILED BY THE PETITIONER

Exhibit P14 A TRUE COPY OF THE APPLICATION IA.NO.12/2021 IN OP(G&W)151/2020 OF THE HON'BLE FAMILY COURT- KOTTAYAM AT ETTUMANOOR DTD 20.12.2021 FILED BY THE PETITIONER

Exhibit P15 A TRUE COPY OF THE OBJECTION TO IA.NO.12/2021 IN OP(G&W)151/2020 OF THE HON'BLE FAMILY COURT- KOTTAYAM AT ETTUMANOOR FILED BY THE 2ND RESPONDENT

Exhibit P16 A TRUE COPY OF THE APPLICATION IA.NO.13/2022 IN OP(G&W)151/2020 OF THE HON'BLE FAMILY COURT- KOTTAYAM AT ETTUMANOOR DTD 28.03.2022 FILED BY THE PETITIONER

RESPONDENTS' EXHIBITS: NIL.

True Copy

P.S to Judge

smp