Silpa P.S vs Ajith K.S
2022 Latest Caselaw 9999 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. 300 OF 2022
 AGAINST THE ORDER/JUDGMENT IN GOP NO.816/2021 OF FAMILY
                   COURT, MUVATTUPUZHA
PETITIONER/S:

         SILPA P.S., AGED 33 YEARS,
         DAUGHTER OF SIVAN, PULICKEL HOUSE,
         VAZHAKKULAM, ALUVA, ERNAKULAM DISTRICT,
         PIN - 683105.
         BY ADVS.
         ANIL PRASAD
         SABU P.JOSEPH
         C.N.SREEKUMAR
         MANJU PAUL
         LIJO VARGHESE
         ARYA K.K.


RESPONDENT/S:

         AJITH K.S., AGED 35 YEARS,
         SON OF SASINDRAN, KOLAMPILLIPADY,
         KOTTAPADY, ERNAKULAM DISTRICT,
         PIN - 686692.
         BY ADVS.
         PAUL K VARGHESE K
         A.A.GEETHA(K/227/2002)


THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(FC) No.300/2022             2




                            JUDGMENT

A.Muhamed Mustaque, J.

This original petition is at the instance of the

mother. She is aggrieved by the overnight custody given

to the father as per the impugned order. We passed the

following order on 30.05.2022:

"Admit.

Issue notice to the respondent.

The impugned order is stayed. We allow the father to have custody of the child on every 1 st and 3rd Saturdays from 10 a.m. to 5 p.m. The child shall be handed over and returned through the premises of the Family Court, Muvattupuzha."

Today, the parties are present before us. Though we

have attempted for a settlement, the parties did not

co-operate to work it out. The child is a 7 year old

girl. We are of the view that the father will have

custody of the child on every first Saturday and Sunday,

from 10 a.m. to 5 p.m, and similarly on third Saturday

and Sunday, from 10 a.m. to 5 p.m., avoiding overnight

stay. The child shall be handed over and returned

through the premises of the Family Court, Muvattupuzha.

During Onam holidays, the father will have custody of

the child on 07.09.2022 from 10 a.m. to 5 p.m.

Modifying the impugned order to the extent as above, the

original petition is disposed of. The Family Court,

untrammelled by this arrangement, shall dispose of the

original petition. The said arrangement is to protect

the best interest of the child.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE ln

APPENDIX OF OP (FC) NO.300/2022

PETITIONER'S EXHIBITS:

EXHIBIT P1 ORIGINAL PETITION SEEKING GUARDIANSHIP OF MINOR CHILD FILED BEFORE FAMILY COURT, ERNAKULAM, LATER TRANSFERRED TO FAMILY COURT, MUVATTUPUZHA AND RENUMBERED AS G.O.P. NO.816 OF 2021. EXHIBIT P2 TRUE COPY OF THE I.A. NO.2 OF 2022 IN O.P. NO. 816 OF 2021 FILED BEFORE THE FAMILY COURT, MUVATTUPZUHA.

EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED IN I.A. NO.2 OF 2022 IN O.P. NO. 816 OF 2021 FILED BEFORE THE FAMILY COURT, MUVATTUPZUHA.

EXHIBIT P4 TRUE COPY OF THE DEPOSITION OF THE RESPONDENT IN M.C. NO.109 OF 2018 BEFORE THE FAMILY COURT, MUVATTUPUZHA. EXHIBIT P5 TRUE COPY OF THE COMMON ORDER DATED 20-05-2022 IN I.A. NO.1 OF 2021 AND I.A. NO.2 OF 2022 IN O.P. NO.816 OF 2021 ON THE FILES OF THE FAMILY COURT, MUVATTUPUZHA.