Kerala High Court
Deepu Devarajan vs Remya T Chandran on 2 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 2nd day of December 2022 / 11th Agrahayana, 1944
IA.NO.4/2022 IN IA NO.2/2022 IN MAT.APPEAL NO. 633 OF 2022
OP(G&W) 670/2021 OF FAMILY COURT, MAVELIKKARA, ALAPPUZHA
PETITIONER/RESPONDENT/RESPONDENT:
REMYA T. CHANDRAN, AGED 36 YEARS, D/O.CHANDRADATHAN, THOTTAPUZHA,
VADASSERIKKARA MURI, VADASSERIKKARA VILLAGE, RANNI TALUK,
PATHANAMTHITTA DISTRICT,KERALA STATE PIN CODE - 689 662 NOW RESIDING
AT 6635 AVENUE 192 STREET, UNIT 10, SURREY, BRITISH COLUMBIA, CANADA
POSTAL CODE - V4N5T9. REPRESENTED BY HER DULY APPOINTED POWER OF
ATTORNEY HOLDER, RAHUL T.CHANDRAN, AGED 40 YEARS, S/O.CHANDRADATHAN,
RESIDING AT THOTTAPUZHA, VADASSERIKKARA VILLAGE, RANNI TALUK,
PATHANAMTHITTA DISTRICT, KERALA STATE - 689662.
RESPONDENT/PETITIONER/APPELLANT:
1.DEEPU DEVARAJAN, AGED 41 YEARS, S/O.PADMANABHAN DEVARAJAN,
MAVILISSERIL HOUSE, KRISHNAPURAM P.O., KRISHNAPURAM VILLAGE, KAPPIL
KIZHAKKU MURI, KAYAMKULAM, KARTHIKAPALLI TALUK, ALAPPUZHA DISTRICT,
PIN CODE - 690 533. NOW RESIDING AT INTERPLAST CO.LTD. METAL SHED
DIVISION, SHARJAH INDUSTRIAL AREA 13, UNITED ARAB EMIRATES, PIN CODE
- 4679. REPRESENTED BY THE POWER OF ATTORNEY HOLDER 3RD
APPELLANT/3RD RESPONDENT.
2.PADHMANABHAN DEVARAJAN, AGED 71 YEARS, S/O. LATE PADHMANABHAN ,
MAVILISSERIL HOUSE, KRISHNAPURAM.P.O., KRISHNAPURAM VILLAGE, KAPPIL
KIZHAKKU MURI, KAYAMKULAM, KARTHIKAPALLI TALUK, ALAPPUZHA DISTRICT,
PIN CODE - 690 533.
3. SUMA DEVARAJAN, AGED 58 YEARS, W/O.PADHMANABHAN DEVARAJAN,
MAVILISSERIL HOUSE, KRISHNAPURAM.P.O., KRISHNAPURAM VILLAGE, KAPPIL
KIZHAKKU MURI, KAYAMKULAM, KARTHIKAPALLI TALUK, ALAPPUZHA DISTRICT,
PIN CODE - 690 533.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to modify the order
dated 6.9.2022 by accepting the above affidavit and the documents produced
and to permit the petitioner to bring back the child Anaira Deepu
Devarajan during the summer vacation from July 1 to August 31, 2023 in the
stead of December 25, 2022 as directed in the order dated 6/9/2022,
pending disposal of the above Mat.Appeal.
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.GEORGE JACOB (JOSE) and ROSHAN JACOB MUNDACKAL Advocates for the
applicant/Respondent in appeal, and of M/S.SANTHI.M. and RANJU
MOHAN.G,Advocates for the respondents/appellants in the appeal the court
passed the following.
P.T.O.
Mat Appl.No. 633 of 2022
1
ANIL K. NARENDRAN & P. G. AJITHKUMAR, JJ.
-------------------------------------------------------------
I.A. No. 4 of 2022
in
I.A. No. 2 of 2022
in
MAT. APPEAL No. 633 of 2022
-----------------------------------------------------
Dated this the 2nd day of December, 2022
ORDER
P. G. Ajithkumar, J.
This is a petition filed by the respondent in the appeal
seeking to modify the order of this Court dated 06.09.2022 and to
permit the petitioner to bring the child to India during the
summer vacation from July 1 to August 31, 2023 instead of
25.12.2022 onwards.
2. This appeal was filed by the petitioner challenging the
judgment dated 05.08.2022 of the Family Court, Mavelikara in
O.P. (G&W) No. 670 of 2021. This Court on 06.09.2022 after
hearing both sides, granted permission to the petitioner to take
the child to Canada subject to certain conditions. The operative
part of the order reads as follows:
" In the circumstances it is ordered as
hereunder:-
Mat Appl.No. 633 of 2022 & OP(FC) No.21 of 2022
(a) The father will continue to have custody of the
child till 08-09-2022 morning.
(b) The child shall be handed over at the residence
of the mother at 12.00 noon on 08-09-2022 without
fail.
(c) We permit the mother to take the child to
Canada as proposed. However we direct that the
child shall be brought back to Kerala during the next
school holidays or at the latest before 25 th December,
2022, which ever is earlier, to enable the father to
have custody of the child for a period of one week. It
is also agreed between the parties that the expenses
for the said travel shall be shared equally. In the
mean time, the father shall be given access to the
child through video calls.''
3. Heard learned Counsel appearing for the petitioner and the
learned counsel appearing for the respondent. As per the order dated
06.09.2022, the petitioner is obliged to bring back the child to India
atleast by 25.12.2022. The petitioner now wants to modify the said
order on the ground that by bringing the child to India on 25.12.2022,
she would loose his classes and therefore it is against the welfare and
the interest of the child. The learned counsel appearing for the
respondent fairly conceded that modification of the order as sought by
the petitioner may be allowed. The learned Counsel, however,
submitted that bringing the child during July, August, 2023 may be
ensured.
Mat Appl.No. 633 of 2022 & OP(FC) No.21 of 2022
Considering the aforesaid facts and circumstances, we allow this
petition. The petitioner shall bring the child to India during the period
from 01.07.2023 to 31.08.2023. The order dated 06.09.2022 is
modified accordingly.
List on 22.12.2022.
Sd/-
ANIL K. NARENDRAN
JUDGE
Sd/-
P. G. AJITHKUMAR
JUDGE
san
02-12-2022 /True Copy/ Assistant Registrar
