Binolin George vs Josey Dominic
2022 Latest Caselaw 1516 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
                  THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
          Friday, the 11th day of February 2022 / 22nd Magha, 1943
                          MAT.APPEAL NO. 92 OF 2022
              OP(G&W) 60/2020 OF FAMILY COURT, PALA, KOTTAYAM
APPELLANT/RESPONDENT:

     BINOLIN GEORGE, AGED 36 YEARS, D/O.BABY @ GEORGE, PUNNATHANATHU
     HOUSE, POOVARANI KARA, POOVARANI VILLAGE, MEENACHIL TALUK, KOTTAYAM
     DISTRICT, REPRESENTED BY HER POWER OF ATTORNEY HOLDER, BIMEESH
     GEORGE, AGED 35 YEARS, S/O.BABY @ GEORGE, PUNNATHANATHU HOUSE,
     POOVARANI KARA, POOVARANI VILLAGE, MEENACHIL TALUK, KOTTAYAM
     DISTRICT.

    BY ADVS.TOM JOSE,GEETHA JOB(OZHUKAYIL),TANYA TOM,HASNA ASHRAF T.A.
    AND JOJO JOSEPH
RESPONDENT/PETITIONER:

     JOSEY DOMINIC, S/O.DOMINIC, AGED 37 YEARS, VAZHAYIL HOUSE,
     SREEKANDAMANGALAM KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM DISTRICT.

   BY ADVS.THOMAS J ANAKKALLUNKAL,ABISHEK JOHNY,NIRMAL CHERIYAN VARGHESE
   AND JAYARAMAN S.
     This Matrimonial appeal having come up for orders on
11.02.2022,along with Mat.Appeal No. 81/2022, the court on the same day
passed the following:




                                                               P.T.O.
                          A.MUHAMED MUSTAQUE &
                           SOPHY THOMAS, JJ.
         ----------------------------------------------
                 Mat.Appeal Nos.81 & 92 of 2022
         -----------------------------------------------
            Dated this the 11th day of February, 2022

                              O R D E R

A.MUHAMED MUSTAQUE, J.

These appeals are filed by the father and mother

who are wrangling for the custody of the child. They

impugned the judgment of the Family Court, Pala. The

mother's objection in giving custody to the father, is on

the ground that the child has been sexually abused by the

father. Ettumanoor Police has registered a case as Crime

No.138 of 2022. The CWC, Kottayam is also conducting an

enquiry. Now-a-days we often see many false cases

registered against fathers, in order to deprive them

custody of the child. We don't know whether this is one

of such case. The alarming increase of such cases is

disturbing the conscience of this Court as well. It is

appropriate that the report from the CWC as well as the Mat.Appeal Nos.81 & 92 of 2022

Police is placed before this Court. We direct the CWC,

Kottayam and the SHO, Ettumanoor to place a report

before this Court with regard to the investigation

conducted in this matter.

2. The learned Government Pleader shall obtain

this report through E-mail communication and place

before this Court on 14.02.2022.

3. In the meanwhile, we direct the Family Court to

keep further proceedings in implementation of the

impugned order in abeyance. We also direct to produce

the child before this Court on 14.02.2022. Father of the

child is also directed to be present before this Court

on the same day and mother can join online.

Post on 14.02.2022.

H/o.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SOPHY THOMAS, JUDGE AS

11-02-2022 /True Copy/ Assistant Registrar