Vishu .V vs Dr. Indu G
2022 Latest Caselaw 5398 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. 259 OF 2022
   AGAINST THE ORDER/JUDGMENT IN GOP 1889/2020 OF FAMILY COURT,
                                THRISSUR
PETITIONER/S:

          VISHU .V, AGED 41 YEARS,
          SREEPADMAM, VELLASSERIL HOUSE,
          WEST KALLADA, P.O, KOLLAM,
          PIN - 690500.
          BY ADVS.
          PRABHU K.N.
          MANUMON A.


RESPONDENT/S:

          DR. INDU G., AGED 38 YEARS,
          VILLA NO.26, BLUE JAY ,
          IRIS PARK, UDAYA NAGAR, ATHANI POST,
          THRISSUR, PIN - 680581



THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 20.05.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC) No.259/2022             2

                           JUDGMENT

A.Muhamed Mustaque, J.

This original petition was filed challenging an order

declining interim custody during vacation. In fact, the

matter gained the attention of this Court in an earlier

round of litigation. The petitioner was given visitation

rights between 10 am to 12 pm on every second Saturday.

The petitioner-father is residing at Kollam and the

respondent-mother is residing at Thrissur.

Taking note of the distance as well as taking note of

the age of the child, the Family Court declined vacation

custody other than visitation rights. We are not inclined

to interfere with the order. However, we direct the Family

Court to refer both parties for mediation if they have not

been already referred in the next posting itself.

The original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SOPHY THOMAS, JUDGE ln

APPENDIX OF OP (FC) 259/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF G.O P NO.1889/2020 FILED BY THE RESPONDENT BEFORE FAMILY COURT THRISSUR FOR CUSTODY OF MINOR. Exhibit P2 TRUE COPY OF I.A.NO.2/2020 IN G.O P NO.1889/2020 FILED BY THE RESPONDENT BEFORE FAMILY COURT THRISSUR FOR INTERIM CUSTODY OF MINOR.

Exhibit P3 TRUE COPY OF COUNTER FILED BY THE PETITIONER IN I.A.NO.2/2020 IN G.O P NO.1889/2020 BEFORE FAMILY COURT THRISSUR.

Exhibit P4 TRUE COPY OF ORDER DATED 08-01-2021 IN I.A.NO.2/2020 IN G.O P NO.1889/2020 PASSED BY FAMILY COURT THRISSUR. Exhibit P5 TRUE COPY OF ORDER IN O.P.(FC) NO.86 OF 2021 PASSED BY THIS HONOURABLE COURT DATED 19-2-2021.

Exhibit P6 TRUE COPY OF I.A.NO.6/2021 IN G.O P NO.1889/2020 FILED BY THE PETITIONER BEFORE FAMILY COURT THRISSUR FOR CUSTODY OF MINOR DURING 2021 SUMMER VACATION.

Exhibit P7 TRUE COPY OF COUNTER FILED BY THE RESPONDENT IN I.A.NO.6/2021 IN G.O P NO.1889/2020 FILED BY THE RESPONDENT BEFORE FAMILY COURT THRISSUR FOR CUSTODY OF MINOR DURING 2021 SUMMER. Exhibit P8 TRUE COPY OF ORDER DATED 04-05-2021 IN I.A.NO.6/2021 IN G.O P NO.1889/2020 PASSED BY FAMILY COURT THRISSUR. Exhibit P9 TRUE COPY OF I.A.NO.10/2021 IN G.O P NO.1889/2020 FILED BY THE PETITIONER BEFORE FAMILY COURT THRISSUR FOR CUSTODY OF MINOR DURING ONAM, CHRISTUMAS AND SUMMER VACATIONS PENDING DISPOSAL OF EXHIBIT P1.

Exhibit P10 TRUE COPY OF I.A.NO.11/2021 IN G.O P NO.1889/2020 FILED BY THE PETITIONER BEFORE FAMILY COURT THRISSUR FOR AN ORDER PERMITTING THE PETITIONER TO INTERACT WITH MINOR ON ANOTHER 3 DAYS IN SUBSTITUTION TO THE ABOVE SAID LAST 3 DAYS.

Exhibit P11 TRUE COPY OF THE ORDER DATED 13-10-2021 PASSED BY THIS HONOURABLE COURT IN O.P. (FC) NO.414 OF 2021 .

Exhibit P12 TRUE COPY OF THE ORDER DATED 04-02-2022 PASSED BY THIS HONOURABLE COURT IN RP NO.931 OF 2021.

Exhibit P13 TRUE COPY OF I.A.NO.17/2022 IN G.O P NO.1889/2020 FILED BY THE PETITIONER BEFORE FAMILY COURT THRISSUR. Exhibit P14 TRUE COPY OF COUNTER FILED BY THE RESPONDENT IN EXHIBIT P13.

Exhibit P15 TRUE COPY OF THE ORDER DATED 06-04-2022 PASSED BY THE FAMILY COURT THRISSUR IN I.A.NO.17/2022 IN G.O P NO.1889/2020.