Sundeep C vs Swapna M
2022 Latest Caselaw 5190 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                                      &
                   THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
           Tuesday, the 10th day of May 2022 / 20th Vaisakha, 1944
                 IA.NO.2/2022 IN MAT.APPEAL NO. 1023 OF 2019
              OP 614/2018 OF FAMILY COURT, OTTAPPALAM, PALAKKAD
PETITIONER:

     SUNDEEP , AGED 37 YEARS. S/O.BALAKRISHNAN, 'PREETHAM', GANDHINAGAR
     STREET, OLD COURT ROAD, PATTAMBI.P.O., PALAKKAD DISTRICT.


RESPONDENTS:


     1.JAYARAJAN,AGED 56 YEARS, S/O.GANGADHARA,SREESAILAM,KAITHALI
STREET, MELEPATTAMBI.P.O., PALAKKAD DISTRICT.

     2.ROJA JAYARAJAN, W/O.JAYARAJAN, S/O.GANGADHARA, SREESAILAM,
'KAITHALI STREET, MELEPATTAMBI.P.O., PALAKKAD DISTRICT.

     3.SWAPNA.M.,AGED 30 YEARS,D/O.JAYARAJAN,'SREESAILAM', KAITHALI
STREET, MELEPATTAMBI.P.O., NOW RESIDING AT DELOITTE, G&II BLOCK, MEENAKSHI
TECH, PARK SY.NO.39,MEENAKSHI TECH PARK ROAD, PHASE-2, GACHIBOWLI,
HYDRABAD, TELEGANA- 500 032.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to direct the
Respondents to handover the custody of the minor child to the petitioner
for 14 days during this summer vacation as per the Judgment dated
27.09.2019 passed in O.P.No.614/2018 till the final disposal of
Matrimonial Appeal No.1023 of 2019.

     This Application coming on for orders, upon perusing the application
and the affidavit filed in support thereof, and this court's order dated
21.3.2022 and upon hearing the arguments of M/S.NOUSHAD THOTTATHIL, NOORJI
NOUSHAD and FYZAL BABU V.K., Advocates for the applicant, and of
M/S.SANTHEEP ANKARATH and J.RAMKUMAR, Advocates for the respondents, the
court passed the following:




                                          P.T.O.
            RAJA VIJAYARAGHAVAN V. & SOPHY THOMAS, JJ.
                   -------------------------------------
                           I.A. No.2 of 2022
                                    in
                   Mat. Appeal No.1023 of 2019
                  -------------------------------------------
                Dated this the 10th day of May, 2022


                                  ORDER

Raja Vijayaraghavan V., J

We have heard Sri. Noorji Noushad, the learned counsel appearing

for the appellant and Sri.Sandeep Angarath, the learned counsel appearing

for the respondents.

2. Sri. Sandeep Angarath, the learned counsel appearing for the

respondents submitted that he has no objection in allowing I.A. No.2 of

2022 and in granting custody of the minor child for the period prayed for.

In that view of the matter, as an interim measure, the respondents

are directed to produce the child before the Chief Magisterial Officer of the

Family Court, Ottappalam at 11.00 am on 11.05.2022. The appellant shall

have the custody of the child from 11.05.2022 till 25.05.2022 at 11.00 I.A. No.2 of 2022 in Mat. Appeal No.1023 of 2019

a.m., on which date, the appellant shall present the child before the Chief

Ministerial Officer to be returned to the mother.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

Sd/-

SOPHY THOMAS,

JUDGE AS

10-05-2022 /True Copy/ Assistant Registrar