Usha Bastin vs Harris Thomas
2022 Latest Caselaw 9574 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
                   OP (FC) NO. 579 OF 2021
I.A.NO.5112 OF 2021 IN GOP 2591/2021 OF THE FAMILY COURT,
                          ERNAKULAM
PETITIONER/RESPONDENT:

         USHA BASTIN,
         AGED 38 YEARS,
         PEEDIKAPARAMBIL HOUSE, HF CONVENT ROAD,
         MANJUMMEL, ERNAKULAM-683501.
         BY ADVS.
         M.R.SASITH
         M.R.SARIN
         P.SANTHOSHKUMAR (KARUMKULAM)


RESPONDENT/PETITIONER:

         HARRIS THOMAS,
         AGED 38 YEARS,
         THAYIL HOUSE, KODUPURAM ROAD, ERMALLOOR,
         ALAPPUZHA-688537.
         BY ADVS.
         K.R.VINOD
         M.S.LETHA


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(FC)No.579 OF 2021               2

                                JUDGMENT

A.Muhamed Mustaque, J.

This original petition is at the instance of the mother

aggrieved by an order passed by the Family Court, Ernakulam

giving overnight custody to the father on second and fourth

Saturday and Sunday. On 10.12.2021, we passed the following

order:

"We allow the children to be in the company of the father on every Sunday from 10.00 a.m. to 5.00 p.m. The custody of the children shall be handed over from Oberon Mall.

We also allow the father to contact the children everyday from 7.00 p.m. to 7.30 p.m. through Whats App call."

2. Today the parties are before us and children are also

before us. The mother objected giving custody to the father for

the reason that the children are not interested to be in the

company of the father. She also stated that the father, while

interacting with the children, also shows his alcohol consumption

in different manner. It is submitted that the father has got

cultural issues.

3. After adverting to the submissions of both counsel and

parties and the narration before us, we are of the view that the

impugned order can be modified allowing the father to have

company of the children on every Sunday from 2.30 p.m. to 5.00

p.m. from the premises of Oberon Mall, Ernakulam. The father is

also allowed to interact with the children on Monday, Wednesday

and Friday through Whats App call from 7.00 p.m. to 7.15 p.m.

We are of the view that if the father is engaged in any activity,

which is not conducive to the interest of the children, the

petitioner can very well move the Family Court, Ernakulam, to

modify this order with necessary evidence.

The original petition is disposed of modifying the impugned

order.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE DSV/26.08.2022

APPENDIX OF OP (FC) 579/2021

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE ORIGINAL PETITION FILED BY THE RESPONDENT AGAINST THE PETITIONER AS G.O.P.NO.2591/2021 BEFORE THE FAMILY COURT AT ERNAKULAM DATED 29.10.2021.

Exhibit P2 THE TRUE COPY OF IA NO.5112/2021 FILED IN GOP NO.2591/2021 FOR INTERIM CUSTODY OF CHILDREN.

Exhibit P3 THE TRUE COPY OF ORDER SHEET IN I.A.NO.5112/2021 IN GOP NO.2591/2021 FOR INTERIM CUSTODY OF CHILDREN DATED 19.11.2021.

    RESPONDENT'S EXHIBITS:       NIL