Nimson Joseph Antony vs Mary Robert
2022 Latest Caselaw 9957 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                 &
        THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                    OP (FC) NO. 120 OF 2022
  AGAINST THE ORDER/JUDGMENT IN IA 1848/2021 OF FAMILY
                        COURT,ERNAKULAM
         IA 1848/2021 OF FAMILY COURT,ERNAKULAM
PETITIONER:

         NIMSON JOSEPH ANTONY, AGED 34 YEARS, S/O P P
         ANTONY, PADIPPURACKAL HOUSE, H.NO.17/805G,
         ATHIPOZHI ROAD,MUNDAMVELI P.O, THOPPUMPADY,
         RAMESHWARAM VILLAGE, KOCHI TALUK, ERNAKULAM ,
         PIN - 682 507

         BY ADV V.K.PRASAD



RESPONDENT:

        MARY ROBERT , AGED 67 YEARS, W/O K E ROBERT,
        KURANGANTHARA HOUSE, 16/386 A , KARUVELIPPADY,
        THOPPUMPADY P O, KOCHI TALUK, ERNAKULAM, PIN -
        682 005

         BY ADVS.
         R.LEELA
         P.I.SHAMLATH




     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
31.08.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP (FC) NO. 120 OF 2022

                                  ..2..




                          J U D G M E N T

A. Muhamed Mustaque, J

The wrangling for the custody of the child is between

the grandparents. Admittedly, the father of the child is

a sailor and not available in India. The mother of the

child is in Canada. Maternal grandparents have been

allowed to have custody of the child on every alternative

weekends from Saturday at 5 pm to the ensuing Sunday at 5

pm. This order is under challenge before this Court.

2. The distance between the residence of the

maternal grandparents and paternal grandparents is less

than 2 kms. Still they fight before the Court. It is

unfortunate that the senior citizens, who are the

grandparents here, are not considering the welfare of the

child. If the child is allowed to be in the company of

both parents, definitely it will benefit the child and his

interest will be protected also. Self judging approach of

one set of grandparents to deny other grandparents'

custody itself would prove destructive in moulding the OP (FC) NO. 120 OF 2022

..3..

character and value within the child. Both grandparents

are before us. We have conveyed our displeasure in the

manner in which they were handling the minor child. We

are of the view that the order of the Family Court has to

be sustained, and apart from that the child also should

be given custody during the Onam holidays from 8.09.2022

at 5 pm till 11.09.2022 at 5 pm. For any other orders,

the parties are free to approach the Family Court.

This original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE PR OP (FC) NO. 120 OF 2022

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APPENDIX OF OP (FC) 120/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE OP DATED 31-03-2021 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, ERNAKULAM

Exhibit P2 A TRUE COPY OF THE JOINT PETITION FILED BY THE PETITIONER AND RESPONDENT'S DAUGHTER DATED 24-12-2019

Exhibit P3 A TRUE COPY THE PRESCRIPTION GIVEN BY THE DR. SHYNA S THERUVOTH ON 29-01-

Exhibit P4 A TRUE COPY OF THE O.P. 343/2021 ON 03-02-2021 AGAINST THE RESPONDENT AND HER DAUGHTER FOR GUARDIANSHIP AND PERMANENT CUSTODY OF THE CHILD BEFORE THE FAMILY COURT ERNAKULAM ALONG WITH A PETITION FOR TEMPORARY INJUNCTION RESTRAINING THE RESPONDENT AND HER DAUGHTER FROM TAKING THE CHILD FORCEFULLY FROM THE CUSTODY OF THE PETITIONER

Exhibit P5 A TRUE COPY OF THE COUNTER FILED BY THE PETITIONER HEREIN IN I.A. NO. 1848/2021 IN O.P. NO. 894/2021

Exhibit P6 A TRUE COPY OF THE ORDER DATED 16-12-

2021 IN I.A. NO.1848/2021 PASSED BY THE FAMILY COURT, ERNAKULAM

RESPONDENT EXHIBITS

EXHIBIT R1 THE TRUE COPY OF THE PHOTOGRAPH SHOWING THE CHILD WAS HAPPY WITH HIS GRANDPARENTS.

OP (FC) NO. 120 OF 2022

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EXHIBIT R2 THE TRUE COPY OF THE PHOTOGRAPH, SHOWING THE RESPONDED IS ADRUNKARD.

EXHIBIT R3 THE TRUE COPY OF THE ORDER DATED 25.04.2022 IN IA 1972 OF 2022 IN O.P. NO.894 OF 2021 OF THE FAMILY COURT ERNAKULAM.

EXHIBIT R4 THE TRUE COPY OF THE MEDICAL CERTIFICATE DATED 14.05.2022.