Ajith.K.S vs Silpa. P. S
2022 Latest Caselaw 5233 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
            THE HONOURABLE MR.JUSTICE V.G.ARUN
                              &
         THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
  FRIDAY, THE 13TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944
                  OP (FC) NO. 256 OF 2022
   AGAINST THE ORDER/JUDGMENT IN GOP 816/2021 OF FAMILY
                     COURT, MUVATTUPUZHA
PETITIONER/S:

          AJITH.K.S
          AGED 29 YEARS
          S/O SASINDRAN,
          KOLAMPILLIPADY, KOTTAPADY,
          ERNAKULAM DISTRICT, PIN - 686692
          BY ADVS.
          PAUL K.VARGHESE
          K.P.S.JALALUDDEEN MOHMMED

RESPONDENT/S:

          SILPA. P. S
          AGED 28 YEARS
          D/O SIVAN,
          PULICKEL HOUSE, VAZHAKKULAM,
          ALWAYE, PIN - 683105
     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
13.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(FC) No.256 of 2022

                                      -2-



                                JUDGMENT

Dated this the 13th day of May, 2022

V.G.Arun, J.

The petitioner is aggrieved by the delay in

passing order on his application for interim

custody of the minor child filed on 09.03.2022.

2. Learned Counsel voiced an apprehension

that in the absence of direction to pass orders

in a time bound manner, the petitioner will not

get custody of his child during this summer

vacation.

3. Learned Counsel for the respondent

pointed out that, on the previous posting date,

the Family Court Judge had interacted with the

child and had also allowed the petitioner to have

custody of the child for almost 5 hours.

4. In our considered opinion, the

application being one for interim custody during

summer vacation, it is only appropriate to pass O.P.(FC) No.256 of 2022

orders at the earliest. Therefore, the Family

Court, Muvattupuzha is directed to advance and

take up I.A.No.2 of 2022 in GOP No.816 of 2021 to

18.05.2022 and to pass orders thereon

immediately, after affording an opportunity of

hearing to the Counsel on either side.

Sd/-

V.G.ARUN JUDGE

sd/-

P.G.AJITHKUMAR JUDGE

Scl/13.05.2022 O.P.(FC) No.256 of 2022

APPENDIX OF OP (FC) 256/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE MARRIAGE CERTIFICATE OF THE RESPONDENT WITH VINOD KUMAR DATED 5.9.2020 Exhibit P2 THE WEEDING PHOTOS OF THE RESPONDENT WITH VINOD KUMAR Exhibit P3 A TRUE COPY OF THE CERTIFICATE OF OBSTETRIC SONOGRAPHY ISSUED BY N.S.S MEDICAL MISSION HOSPITAL, PANTHALAM DATED 1.10.2021 Exhibit P4 A TRUE COPY OF THE PHOTOS SHOWING THAT THE RESPONDENT HAS BEEN TAKING ALL THE GOLD ORNAMENTS FROM BY HOME WHILE WENT AWAY FROM MY HOUSE Exhibit P5 A TRUE PHOTOGRAPH OF THE PETITIONER AND THE CHILD Exhibit P6 A TRUE COPY OF THE CUSTODY APPLICATION AS GOP NO. 816/2021 BEFORE THE FAMILY COURT, MUVATTUPUZHA FILED BY THE PETITIONER DATED 7.10.2021 Exhibit P7 A TRUE COPY OF THE INTERIM CUSTODY APPLICATION AS I.A. NO. 2/2022 IN GOP NO. 816/2021 BEFORE THE FAMILY COURT, MUVATTUPUZHA FILED BY THE PETITIONER DATED 1.4.2022 Exhibit P8 A TRUE COPY OF THE ADVANCE PETITION AS I.A. NO. 3/2022 IN G.O.P NO. 816/2021 ON THE FILE OF FAMILY COURT, MUVATTUPUZHA DATED 6.4.2022