Kerala High Court
Sreeshankar Sivasankaran Nair vs Meera Govind on 29 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
OP (FC) NO. 234 OF 2022
IN OP(GW) 2121/2020 OF FAMILY COURT,ERNAKULAM
PETITIONER:
SREESHANKAR SIVASANKARAN NAIR,
AGED 48 YEARS,
KAILAS, AYYARATTY VEEDU,
CHAMPAZHANTHY P.O,
THIRUVANANTHAPURAM, PIN-695 587
NOW RESIDING AT FLAT SFG, LEKHA APARTMENT,
OPPOSITE TO POORNATHRAYEESA TEMPLE,
THRIPUNITHURA, ERNAKULAM,
PIN - 682301.
BY ADVS. SRI.P.SANJAY
SMT.A.PARVATHI MENON
SRI.BIJU MEENATTOOR
SRI.PAUL VARGHESE (PALLATH)
SRI.P.A.MOHAMMED ASLAM
SRI.KIRAN NARAYANAN
SRI.PRASOON SUNNY
SRI.RAHUL RAJ P.
RESPONDENT:
MEERA GOVIND,
AGED 42 YEARS,
GAYATHRI, OPPOSIE TO PUTHEN BUNGLOW TEMPLE,
KOTTAKKAKAM,
THRIPUNITHURA, ERNAKULAM.,
PIN - 682301
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(FC).No.234/2022
-:2:-
Dated this the 29th day of April,2022
JUDGMENT
C.S.DIAS,J.
The Original Petition is filed to direct the Family
Court, Ernakulam, to consider and dispose of
I.A.No.1803/2022(Ext.P7) within a time frame.
2. The case of the petitioner is that, despite
interim orders being passed, the respondent is not
providing the custody of his children named
'Sreelakshmi Sreeshankar' and 'Ishwarsubramania
Sreeshankar'. Therefore, the petitioner was
constrained to move this Court. This Court had passed
Ext.P4 judgment, holding that the petitioner would be
entitled to have custody of his children from 10 a.m.
till 5 p.m. on first and third Saturdays of every month.
This Court also observed that the Family Court would
be at liberty to modify Ext.P4 judgment for any valid or
O.P.(FC).No.234/2022
sufficient reasons. The Family Court was also directed
to dispose of the Original Petition in a time frame.
Now, the petitioner has filed Ext.P7 application, to
modify the judgment, as observed by this Court in
Ext.P4. However, the application is pending
consideration. Hence, the Original Petition.
3. Heard; Smt. A. Parvathi Menon, the learned
counsel appearing for the petitioner and Smt. Latha
Vinod, the learned counsel appearing for the
respondent.
4. The learned counsel appearing for the
petitioner submitted that she is confining the prayer to
the consideration of Ext.P7 alone.
5. In the above factual matrix, we direct the
Family Court, Ernakulam, to consider and dispose of
Ext.P7, in accordance with law, as expeditiously as
possible at any rate on or before 30.07.2022. During
the interregnum, we direct the respondent to handover
O.P.(FC).No.234/2022
the custody of the children to the petitioner on every
first and third Saturdays from 10 a.m. till 5 p.m. The
petitioner shall ensure that his sister or his mother
shall be with him, while the children are in his interim
custody. The venue for the exchange of the children
shall be before the CMO of the Family Court,
Ernakulam.
The Original Petition is ordered accordingly.
Sd/-
C.S.DIAS,JUDGE
Sd/-
C. JAYACHANDRAN,JUDGE
DST/29.04.22 //True copy/
P.A.To Judge
O.P.(FC).No.234/2022
APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 29.6.20
IN O.P NO. 2640/2019 ON THE FILE OF THE
LEARNED FAMILY COURT, ERNAKULAM
EXHIBIT P2 TRUE COPY OF THE AGREEMENT DATED
7.11.2019 BETWEEN THE PETITIONER AND
RESPONDENT.
EXHIBIT P3 TRUE COPY OF G.O.P.NO. 2121 OF 2020 ON
THE FILES OF THE FAMILY COURT,
ERNAKULAM DATED 4-11-2020
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN OP (FC)
335/21 DATED DATED 2-8-2021.
EXHIBIT P5 TRUE COPY OF THE I.A. NO. 1/21 AND 2 OF
2021 IN OP (FC) 335/2021 OF THIS
HONOURABLE COURT.
EXHIBIT P6 TRUE COPY OF THE ORDER IN I.A.NO. 1 OF
2021 IN O.P.(FC).NO. 335 OF 2021 DATED
6-9-2021 OF THIS HONOURABLE COURT.
EXHIBIT P7 TRUE COPY OF THE I.A.NO. 1803/22 IN
O.P.NO. 2121 OF 2020 OF THE FAMILY
COURT, ERNAKULAM DATED 10-3-2022.
EXHIBIT P8 TRUE COPY OF THE I.A. 2205/22 IN
O.P.NO. 2121 OF 2020 OF THE FAMILY
COURT, ERNAKULAM DATED 13-4-2022.
RESPONDENT'S EXHIBITS: NIL
