Rindu vs Latheesh
2022 Latest Caselaw 9522 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 25th day of August 2022 / 3rd Bhadra, 1944
                 IA.NO.2/2022 IN MAT.APPEAL NO. 498 OF 2022
            OP(G&W) 253/2020 OF FAMILY COURT, TIRUR, MALAPPURAM
PETITIONER/RESPONDENT:

     LATHEESH A L,AGED 40 YEARS S/O.LAKSHMANAN, ATTAYIL HOUSE, KOLLAM
     PADI, VALAVU ROAD, KADAVANAD P.O., PONNANI TALUK, MALAPPURAM
     DISTRICT, PIN - 679 586.

RESPONDENT/APPELLANT:

     RINDU, AGED 31 YEARS, D/O.SASI, PANAMUKKIL HOUSE, EZHUVATHIRUTHI
     VILLAGE, KARUKATHIRUTHI, PONNANI P.O., MALAPPURAM DISTRICT, PIN- 679
     577.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to modify the interim
order passed in IA No. 1/2022 in Mat Appeal No. 498/2022 dated 13/07/2022
and permit the petitioner to take the child Diya A L from the permises of
the Munsiff Court, Ponnani on every second saturday at 10 am and return
the child on the next day ie Sunday at 4 pm at the same place and also
permit the custody of the child with the petitioner on the coming Onam
Holidays, for the ends of justice.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.SHOBY K.FRANCIS, Advocate for the petitioner(Respondent in Appeal)
and of SMT.DEEPA NARAYANAN, K. SUJAI SATHIAN, MARY LIYA SABU and VISMAYA
VINOD Advocates for the respondents(Appellants in Appeal), the court
passed the following:
       A.MUHAMED MUSTAQUE & SOPHY THOMAS, JJ.
   -------------------------------------------
                 I.A No.2 of 2022
                        in
            Mat. Appeal No.498 of 2022
   -------------------------------------------
     Dated this the 25th day of August, 2022

                          O R D E R

A. Muhamed Mustaque, J

This Court, while entertaining the appeal, stayed the

operation of the impugned judgment. However, by staying

the impugned judgment, this Court allowed the father to

have interaction with the child on every second Saturday

from 10 am to 4 pm from the premises of the Family Court,

Tirur.

2. Both the parties are residing at Ponnani. Both

parties have no objection in handing over and return the

child from the premises of the Munisif's Court, Ponnani.

3. The father also filed I.A No.2 of 2022 for

custody during Onam holidays.

4. After considering the submission on both sides,

we are of the view that following arrangements can be made

till the disposal of the appeal.

i. The father is allowed to have the custody of the

child on 1st, 3rd and 4th Saturdays from 10 am to 4 pm.

ii. The child shall be handed over and returned from I.A No.2 of 2022 in Mat. Appeal No.498 of 2022

..2..

the premises of the Munisif's Court, Ponnani.

iii. If the child is taken to the house of the

father, the father should ensure that his parents are

available in the house.

iv. The father is also allowed to take the child

outside for shopping, restaurants, parks etc while the

child is in his custody.

v. If the appellant is of the view that any of the

acts of the respondent is not in the best interest of the

child, she can report it into the Child Welfare Committee,

Malappuram and the Child Welfare Committee shall inquire

into that complaint and report before this Court.

I.A No.2 of 2022 is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SOPHY THOMAS, JUDGE PR

25-08-2022 /True Copy/ Assistant Registrar