Kerala High Court
Annu Jacob vs Tharun Koshy on 13 May, 2022
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
O.P.(FC) NO. 252 OF 2022
AGAINST THE ORDER IN OP (GW) 1357/2017 OF FAMILY COURT,
KOTTAYAM
PETITIONER/RESPONDENT:
ANNU JACOB,
AGED 38 YEARS, W/O THARUN KOSHY &
D/O A.JACOB THOMAS, THEKKETHATTIL HOUSE,
OPPOSITE RAILWAY STATION, RAILWAY STATION ROAD,
KOTTAYAM - 686 001.
BY ADVS.
P.B.SUBRAMANYAN
P.B.KRISHNAN
SABU GEORGE
MANU VYASAN PETER
RESPONDENT/PETITIONER:
THARUN KOSHY
AGED 39 YEARS, S/O P.KOSHY,
KAIPPANATTU PUTHENPURAYIL, PUTHUPPALLY P.O.,
PUTHUPALLY KARA AND VILLAGE, KOTTAYAM TALUK AND
DISTRICT - 686 011.
BY ADVS.
PHILIP T.VARGHESE
ACHU SUBHA ABRAHAM
V.T.LITHA
K.R.MONISHA
SHRUTHI SARA JACOB
ALEX THOMAS
2
O.P.(FC) No.252 of 2022
THIS OP (FAMILY COURT) HAVING COME UP FOR FINAL
HEARING ON 13.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
O.P.(FC) No.252 of 2022
JUDGMENT
V.G.Arun, J.
As per order dated 10.05.2022, this Court had directed
the petitioner to hand over custody of the minor child to the
respondent at 5.00 p.m. on 10.05.2022 and the parties along
with the child, were directed to be present today.
2. Learned counsel for the petitioner submits that
rather than giving custody of the child to the father at a
stretch, the emotional well being of the child warrants
granting of custody intermittently.
3. We find the above suggestion to be well founded.
The learned counsel for the respondent also do not oppose the
suggestion.
4. Therefore, the respondent is directed to hand over
custody of the child to the petitioner at 4.00 p.m. on
14.05.2022. The petitioner shall have custody of the child till
21.05.2022 and shall hand over custody to the respondent at
4.00 p.m. on that date. Thereafter, the custody of the child
shall remain with the respondent till 28.05.2022. The
O.P.(FC) No.252 of 2022
respondent shall hand over custody of the child to the
petitioner at 4.00 p.m. on 28.05.2022.
5. As the challenge in this Original Petition is only
against Ext.P6 order granting interim custody of the minor
child to the respondent up to 28.05.2022, nothing survives for
consideration. Accordingly, the Original Petition is closed with
the above directions.
6. We make it clear that the above directions are
issued for the purpose of granting interim custody of the
minor child to both the parents during this vacation and the
parties are at liberty to independently agitate their cause
before the Family Court.
Sd/-
V.G.ARUN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
APPENDIX OF OP (FC) 252/2022
PETITIONER EXHIBITS
Exhibit P1 EXT.P1, DATED NIL-9-2017, TRUE COPY OF
O.P(DIV) NO.937 OF 2017 ON THE FILE OF
THE FAMILY COURT, KOTTAYAM AT
ETTUMANOOR
Exhibit P2 EXT.P2, DATED 16-12-2017, TRUE COPY OF
O.P.(G&W) NO.1357 OF 2017 ON THE FILE
OF THE FAMILY COURT, KOTTAYAM AT
ETTUMANOOR
Exhibit P3 EXT.P3, DATED 19-09-2018, TRUE COPY OF
THE OBJECTION IN O.P.(G&W) NO.1357 OF
2017 FAMILY COURT, KOTTAYAM AT
ETTUMANOOR
Exhibit P4 EXT.P4, DATED 11-04-2022, TRUE COPY OF
I.A.NO.3 OF 2022 IN O.P.(G&W) NO.1357
OF 2017 ON THE FILE OF THE FAMILY
COURT, KOTTAYAM AT ETTUMANOOR.
Exhibit P5 EXT.P5, DATED 10-04-2022, TRUE COPY OF
THE OBJECTION FILED IN I.A.NO.3 OF
2022 IN O.P.(G&W) NO.1357 OF 2017 ON
THE FILE OF THE FAMILY COURT, KOTTAYAM
AT ETTUMANOOR.
Exhibit P6 EXT.P6, DATED 28-04-2022, TRUE COPY OF
THE ORDER IN I.A.NO.3 OF 2022 IN
O.P.NO.1357 OF 2017 ON THE FILE OF THE
FAMILY COURT, KOTTAYAM AT ETTUMANOOR.
Exhibit P7 EXT.P7, DATED NIL, TRUE COPY OF THE
LETTER WRITTEN BY THE RESPONDENT TO
ONE OF HIS GIRLFRIEND'S.
Exhibit P7(a) EXT.P7(A), TYPED/READABLE COPY OF
EXT.P7.
