Kerala High Court
Remya T Chandran vs Deepu Devarajan 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
OP (FC) NO. 21 OF 2022
OPGW 670/2021 OF FAMILY COURT, MAVELIKKARA, ALAPPUZHA
PETITIONER:
REMYA T CHANDRAN, AGED 36 YEARS D/O. CHANDRADATHAN, THOTTAPUZHA,
VADASSERIKKARA VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT, KERALA
STATE, PRESENTLY RESIDING AT 6635 AVENUE, 192 STREET, UNIT 10,
SURRY, BRITISH COLOUMBIA, CANADA-POST CODE V4N5T9, REPRESENTED BY
HER BROTHER AND POWER OF ATTORNEY, RAHUL T CHANDRAN, AGED 40 YEARS,
S/O. CHANDRADATHAN, THOTTAPUZHA, VADASSERIKKARA VILLAGE, RANNI
TALUK, PATHANAMTHITTA DISTRICT, KERALA STATE.
RESPONDENTS:
1. DEEPU DEVARAJAN, AGED 40 YEARS S/O. PADHMANABHAN DEVARAJAN,
MAVILISSERIL , KAPPIL EAST, KRISHNAPURAM EAST, KAYAMKULAM, ALAPPUZHA
DISTRICT-690 533
2. PADHMANABHAN DEVARAJAN, AGED 70 YEARS, MAVISSERIL, KAPPIL EAST,
KRISHNAPURAM EAST, KAYAMKULAM, ALAPPUZHA DISTRICT-690 533.
3. SUMA, AGED 65 YEARS W/O. PADHMANABHAN, DEVARAJAN, MAVISSERIL, KAPPIL
EAST, KRISHNAPURAM EAST, KAYAMKULAM, ALAPPUZHA DISTRICT-690 533
OP (family court) praying inter alia that in the circumstances
stated in the affidavit filed along with the OP (FC) the High Court be
pleased to direct the Family Court, Mavelikkara, to release temporarily
Indian Passport-No. TO 672589 of Anaira Deepu Devarajan to the Power of
Attoney Holder of the petitioner for being forwarded to the office of the
High Commissioner of Canada, New Delhi, for finalisation of the
formalities pertaining to the Permanent Residential Status as indicated in
Exhibit P8 Communication of the Government of Canada subject to such terms
and conditions as deemed fit and proper, pending disposal of the above
petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of OP (FC)and this court's order dtd.
5.4.22 in IA 2/2022 and upon hearing the arguments of M/S GEORGE JACOB
(JOSE), ROSHAN JACOB MUNDACKAL Advocates for the petitioners, M/S M.SANTHI
and G.RANJU MOHAN, Advocates for the respondents, the court 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
