Manoj T.K vs Sabitha P
2022 Latest Caselaw 5761 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 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                  OP (FC) NO. 263 OF 2022
       AGAINST THE ORDER/JUDGMENT IN OP 1123/2021 OF
                 FAMILY COURT, MALAPPURAM


PETITIONER/S:

         MANOJ T.K., AGED 46 YEARS,
         THAZHATHE THARA HOUSE, PEDAYANTHAL,
         CHOKKAD POST, NILAMBUR TALUK,
         MALAPPURAM DISTRICT., PIN - 679332.
         BY ADVS.
         T.K.AJITH KUMAR
         AISWARYA RAMESAN


RESPONDENT/S:

         SABITHA P., AGED 40 YEARS,
         PALLIYALI HOUSE, VEDIVECHAPPARA,
         PULLANGOD POST, NILAMBUR TALUK,
         MALAPPURAM DISTRICT., PIN - 679329
         BY ADV K.RAKESH


THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(FC) No.263/2022              2



                             JUDGMENT

A.Muhamed Mustaque, J.

The father of the minor child is before us. He

challenges the coercive steps ordered against him for

non-production of the minor child before the Family

Court. At the instance of the mother, the Family Court

passed an order granting visitation rights to her on

every Saturday and Sunday. This order, apparently,

has not been complied by the father. That forced the

Family Court to take coercive steps against the

father. The parties are before us in person. We

interacted with the parties. The child has some

discomfort with the mother. The child is 10 years old.

We are sure that if the child is in the company of the

mother for more time in the initial phase, he will be

able to familiarise with his own mother. We, in such

circumstances, are of the view that on every Saturday

except on public holidays from 10 am to 5 pm, the

child shall be in the company of the mother. The

mother is permitted to take the child outside court

premise as well. This order will be in force for a

period of three months. Thereafter, the Family Court,

after interacting with the child, shall pass

appropriate orders including granting overnight

custody to the mother. The impugned order is modified

to the extent as above. The child shall be handed over

and returned from the premises of the Judicial First

Class Magistrate Court, Nilambur.

The original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE ln

APPENDIX OF OP (FC) 263/2022

PETITIONER'S EXHIBITS Exhibit-P1 TRUE COPY OF THE PETITION IN I.A.2/2021 IN O.P. 1123/2021 BEFORE THE FAMILY COURT, MALAPPURAM.

Exhibit2 TRUE COPY OF THE COUNTER STATEMENT IN I.A.2/2021 IN O.P. 1123/2021 BEFORE THE FAMILY COURT, MALAPPURAM.

Exhibit-P3 TRUE COPY OF THE ORDER PASSED BY THE FAMILY COURT, MALAPPURAM ON 7.2.2022 IN I.A.2/2022 IN OP NO. 1123/2021. Exhibit-P4 TRUE COPY OF THE ORDER PASSED BY THE FAMILY COURT, MALAPPURAM ON 12.4.2022 IN I.A.2/2022 IN OP NO. 1123/2021. Exhibit-P5 TRUE COPY OF THE ORDER PASSED BY THE FAMILY COURT, MALAPPURAM ON 26.4.2022 IN I.A.2/2022 IN OP NO. 1123/2021.