Jayaprasad G vs Sukanya Shenoy
2022 Latest Caselaw 5440 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. 86 OF 2022
 AGAINST THE ORDER/JUDGMENT IN OPGW 1631/2021 OF FAMILY
                      COURT, MAVELIKKARA
PETITIONER:

         JAYAPRASAD G., AGED 35 YEARS, S/O.GOPINATHA
         BHAKTHAN, CHAKKANATTU MADAM, PARAKKODU,
         PUTHUMALA, EZHAMKULAM VILLAGE, PATHANAMTHITTS
         DISTRICT, PIN - 691 554.

         BY ADV K.RAKESH



RESPONDENT:

         SUKANYA SHENOY, AGED 27 YEARS, W/O.JAYAPRASAD,
         MUTHUVARIRAVAN HOUSE, KARTHIKAPALLY TALUK, ERUVA
         P.O., KAYAKULAM VILLAGE, ALAPPUZHA DISTRICT, PIN
         - 690 572.

         BY ADVS.
         P.B.SAHASRANAMAN
         T.S.HARIKUMAR




     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
20.05.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP (FC) NO. 86 OF 2022

                              ..2..




                  J U D G M E N T

A. Muhamed Mustaque, J The issue in this case is in regard to the

custody of the minor children born in the wedlock

between the petitioner and the respondent. The

petitioner is the father of the children. On the

application filed by the petitioner-father for the

interim custody of the children, the Family Court

passed the following order:

The respondent is directed to produce the children at 10 am on 22.12.2021 and 23.12.2021 before the CMO of this Court and hand over the custody of the children to the petitioner. The petitioner is permitted to have to custody of the children till 4 pm on 22.12.2021 and 23.12.2021. Give back the custody of the children to the respondent before the CMO on 22.12.2021 and 23.12.2021 by 4 pm.

Not being satisfied with the order, the petitioner-

father approached this Court.

2. Taking note of the facts and circumstances,

we allowed the petitioner-father to have a longer

period of custody during the vacation. There are

allegations against him on a breach of order passed OP (FC) NO. 86 OF 2022

..3..

by this Court in not handing over the children as

ordered by this Court. Be that as it may, the

children have been produced before this Court.

Hence, we are forthwith handing over the children to

the mother. The petitioner-father will have the

custody of the children on every Friday at 5 pm to

the ensuing Sunday at 5 pm. The children shall be

handed over and returned from the premises of the

Judicial First Class Magistrate Court, Kayamkulam.

This arrangement will continue till further order is

passed by the Family Court. The Family Court is

given liberty to pass any appropriate order in regard

to custody.

This original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE PR OP (FC) NO. 86 OF 2022

..4..

APPENDIX OF OP (FC) 86/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE OP(G&W) NO.1631/2021 DATED 22/11/2021 OF THE FAMILY COURT, MAVELIKKARA.

Exhibit P2 TRUE COPY OF THE OBJECTION SUBMITTED BY THE RESPONDENT TO EXHIBIT P1 O.P., DATED /12/2021.

Exhibit P3 TRUE COPY OF THE ORDER DATED 20/12/2021 IN I.A.NO.1/2021 IN O.P.NO.1631/2021 OF THE FAMILY COURT, MAVELIKKARA.

Exhibit P4 TRUE COPY OF THE OP(HMA) NO.736/2021 DATED 15/6/2021 FILED BEFORE THE FAMILY COURT, MAVELIKKARA FILED BY THE PETITIONER.

Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED 2/2/2022 ISSUED FROM THE OFFICE OF THE AKHILA KERALA VRIDHA SADANAM, MARANKULANGARA, KALAVOOR, ALAPPUZHA.