C.D. Philipose @ Philipose ... vs Jeena John @ Jeena John Philipose
2022 Latest Caselaw 5397 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 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                      OP (FC) NO. 237 OF 2022
  AGAINST THE ORDER/JUDGMENT IN OPGW 2691/2021 OF FAMILY
                        COURT,     TRIVANDRUM
PETITIONER/S:

         C.D.PHILIPOSE @ PHILIPOSE CHARUVIL DANIEL,
         AGED 47 YEARS, VETTILILCHARUVILAMELATHIL,
         EDAVATTOM P.O., VELLIMON, KOLLAM, PIN: 691 511.


         BY ADVS.
         STIYA SIVAN
         ANILA ANTONY
         K.R.RENJU


RESPONDENT/S:

         JEENA JOHN @ JEENA JOHN PHILIPOSE,
         AGED 34 YEARS, RESIDING AT ARA-96,
         KURINJI, AKSHARA RESIDENCE ASSOCIATION,
         SASTHRI NAGAR, KARAMANA P.O.,
         THIRUVANANTHAPURAM -695 002.


         BY ADVS.
         ADITHYA RAJEEV
         GIRISH KUMAR M S(K/001593/2018)



THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
20.05.2022,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(FC) No.237/2022            2

                            JUDGMENT

A.Muhamed Mustaque, J.

The dispute, in this case, is in regard to the custody

of the minor child during vacation. The parties entered

into a compromise. Based on the compromise, the respondent

is having the custody of the minor child. The terms and

conditions are entered in the compromise. The petitioner

moved the Family Court for permanent custody. In that, an

application was filed for interim custody during vacation.

That has been partly allowed affording visitation rights.

Not being satisfied with the same, the original petition is

filed.

2. We are of the view that without modifying the

order passed based on the compromise, the petitioner cannot

seek such custody as sought. The petitioner needs to urge

all his contentions in the pending matter for custody.

With liberty as above, the original petition is

dismissed.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE Sd/-

SOPHY THOMAS, JUDGE ln

APPENDIX OF OP (FC) 237/2022

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE O.P NO. 2691/2021 ON THE FILE OF THE HON'BLE FAMILY COURT, THIRUVANANTHAPURAM WITHOUT DOCUMENTS Exhibit P2 A TRUE COPY OF THE I.A NO. 1/2021IN O.P NO 2691/2021 ON THE FILE OF THE HON'BLE FAMILY COURT, THIRUVANANTHAPURAM Exhibit P3 A TRUE COPY OF THE ORDER DATED 28/02/2022 IN I.A NO. 1/2021IN O.P NO 2691/2021 OF THE HON'BLE FAMILY COURT, THIRUVANANTHAPURAM