Kerala High Court
Deepu Devarajan vs Remya T Chandran on 6 September, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Tuesday, the 6th day of September 2022 / 15th Bhadra, 1944
MAT.APPEAL NO. 633 OF 2022
OP(G&W) 670/2021 OF FAMILY COURT, MAVELIKKARA, ALAPPUZHA.
APPELLANTS/RESPONDENTS:
DEEPU DEVARAJAN, AGED 41 YEARS, S/O.PADMANABHAN DEVARAJAN,
MAVILISSERIL HOUSE, KRISHNAPURAM P.O., KRISHNAPURAM VILLAGE, KAPIL
KIZHAKKU MURI KAYAMKULAM, KARTHIKAPALLI TALUK, ALAPPUZHA DISTRICT,
PIN CODE - 690 533. NOW RESIDING AT INTERPLAST CO.LTD. METAL SHED
DIVISION, SHARJAH INDUSTRIAL AREA 13, UNITED ARAB EMIRATES, PIN CODE
- 4679. REPRESENTED BY THE POWER OF ATTORNEY HOLDER 3RD
APPELLANT/3RD RESPONDENT, SUMA DEVARAJAN, AGED 58 YEARS,
W/O.PADMANABHAN DEVARAJAN, MAVILISSERIL HOUSE, KRISHNAPURAM P.O.,
KRISHNAPURAM VILLAGE, KAPIL KIZHAKKU MURI KAYAMKULAM, KARTHIKAPALLI
TALUK, ALAPPUZHA DISTRICT, PIN CODE - 690 533.
1. REPRESENTED BY THE POWER OF ATTORNEY HOLDER 3RD APPELLANT/3RD
RESPONDENT
SUMA DEVARAJAN, AGED 58 YEARS, W/O.PADMANABHAN DEVARAJAN
MAVILISSERIL HOUSE, KRISHNAPURAM.P.O., KRISHNAPURAM VILLAGE,
KARTHIKAPALLI TALUK, ALAPPUZHA DISTRICT, PIN CODE - 690 633.
2. PADMANABHAN DEVARAJAN, AGED 71 YEARS, S/O.(LATE) PADMANABHAN
MAVILISSERIL HOUSE, KRISHNAPURAM.P.O., KRISHNAPURAM VILLAGE, KAPIL
KIZHAKKU MURI KAYAMKULAM, KARTHIKAPALLI TALUK, ALAPPUZHA DISTRICT,
PIN CODE - 690 533.
3. SUMA DEVARAJAN, AGED 58 YEARS, W/O.PADMANABHAN DEVARAJAN
MAVILISSERIL HOUSE, KRISHNAPURAM.P.O., KRISHNAPURAM VAILLAGE, KAPIL
KIZHAKKU MURI KAYAMKULAM, KARTHIKAPALLI TALUK, ALAPPUZHA DISTRICT,
PIN CODE- 690 533.
BY ADVS.M.SANTHI AND G.RANJU MOHAN
RESPONDENT/PETITIONER:
REMYA T CHANADRAN, AGED 36 YEARS, D/O.CHANDRADATHAN, THOTTAPUZHA,
VADASSERIKKARA MURI, VADASSERIKKARA VILLAGE, RANNI TALUK,
PATHANMTHITTA DISTRICT, PIN CODE - 689 662 NOW RESIDING AT 6635
AVENUE 192 STREET, UNIT 10, SURREY, BRITISH COLUMBIA, CANADA POSTAL
CODE V4N5T9.
BY ADVS.GEORGE JACOB (JOSE) AND ROSHAN JACOB MUNDACKAL
This Matrimonial appeal having come up for orders on 06.09.2022 upon
perusing this court's order dated 01.09.2022, the court on the same day
passed the following:
P.T.O.
SATHISH NINAN & VIJU ABRAHAM, JJ.
-------------------
Mat.Appeal No.633 of 2022
&
O.P(FC) No.21 of 2022
----------------------------------
Dated this the 6th day of September, 2022
O R D E R
The mother seeks permission to take
the minor daughter to Canada in terms of
the directions in the judgment of the
Family Court.
2. Though the documents produced by her
with regard to the admission of the child
and her commencement of schooling are not
very convincing, we do not consider it
necessary to probe further into that.
Tickets have been booked for boarding the
flight on 09.09.2022.
3. In the circumstances it is ordered
as hereunder:-
Mat.Appeal No.633 of 2022
&
OP(FC) No.21 of 2022
(a) The father will continue to have
custody of the child till 08-09-2022
morning.
(b) The child shall be handed over at
the residence of the mother at 12.00 noon
on 08-09-2022 without fail.
(c) We permit the mother to take the
child to Canada as proposed. However we
direct that the child shall be brought
back to Kerala during the next school
holidays or at the latest before 25th
December, 2022, which ever is earlier, to
enable the father to have custody of the
child for a period of one week. It is
also agreed between the parties that the
expenses for the said travel shall be
Mat.Appeal No.633 of 2022
&
OP(FC) No.21 of 2022
shared equally. In the mean time, the
father shall be given access to the child
through video calls.
Registry to issue a copy of this order
to the learned Assistant Solicitor General
of India. He shall cause a copy of this
order to be intimated to the Indian
Consulate at Canada.
Sd/-
SATHISH NINAN,JUDGE
Sd/-
VIJU ABRAHAM,JUDGE
amk
06-09-2022 /True Copy/ Assistant Registrar
