Antony C.R vs Priya Jose
2023 Latest Caselaw 8927 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                 &
        THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
 MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                    OP (FC) NO. 324 OF 2023
AGAINST THE ORDER DATED 21.03.2023 IN IA NO.04/2022 IN OP
         683/2021 OF FAMILY COURT, MUVATTUPUZHA
PETITIONER/RESPONDENT:

         ANTONY C.R, AGED 40 YEARS, S/O C.O RAPHAEL,
         CHITTUPARAMBAN (H), KOODALAPPAD, KOODALAPPAD,
         KOOVAPPADY P.O, ERNAKULAM, PIN - 683 544

         BY ADVS.
         V.A.HAKEEM
         RAJI S.



RESPONDENT/PETITIONER:

         PRIYA JOSE, AGED 31 YEARS, D/O JOSE P.J.,
         PANJIKKARAN (H), KODIKUTHUMALA, ALUVA,
         ASHOKAPURAM P.O, ERNAKULAM, PIN - 683 101

         BY ADV BABY NANDHINI K.




     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
14.08.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP (FC) NO. 324 OF 2023

                                     ..2..




                      J U D G M E N T

A. Muhamed Mustaque, J.

The petitioner is the father of the minor child. In

an application filed by the mother, mother was given

custody of the child with visitaition rights to the

father on every Sunday between 9 am to 5 pm. This order

is questioned by the father.

2. We interacted with the child and the parents.

On interaction, we are of the view that the child is

comfortable with the father. We also have to note the

primacy in such matters to allow the child to have an

interaction with both the parents for his own well being.

3. Having considered the facts and circumstances,

we are of the view that the father should be given

custody of the child on every Saturday at 10 am to the

ensuring Sunday 5 pm except on Second Saturdays and

Sundays.

This original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SOPHY THOMAS, JUDGE PR OP (FC) NO. 324 OF 2023

..3..

APPENDIX OF OP (FC) 324/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE OP NO. 683/2021 BEFORE THE HON'BLE FAMILY COURT, MUVATTUPUZHA ON 30/9/2021

Exhibit P2 TRUE COPY OF THE IA 02/21 IN OP NO.

683/2021 BEFORE THE HON'BLE FAMILY COURT, MUVATTUPUZHA ON 30/9/2021

Exhibit P3 TRUE COPY OF THE COMPROMISE DECREE AND COMPROMISE PETITION IN OP NO. 683/2021 OF THE HON'BLE FAMILY COURT, MUVATTUPUZHA ON 03/11/2021

Exhibit P4 TRUE COPY OF THE JUDGMENT IN OP NO.

683/2021 BEFORE THE HON'BLE FAMILY COURT, MUVATTUPUZHA DATED 3/11/2021

Exhibit P5 TRUE COPY OF THE I.A 04/2022 IN OP NO.

683/2021 BEFORE THE HON'BLE FAMILY COURT, MUVATTUPUZHA ON 15/06/2022

Exhibit P6 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE FAMILY COURT, MUVATTUPUZHA IN I.A.NO.4/2022 IN OP.NO. 683/2021 DATED 12.9.2022

Exhibit P7 TRUE COPY OF THE ORDER IN I.A 04/2022 IN OP NO. 683/2021 OF THE HON'BLE FAMILY COURT, MUVATTUPUZHA ON 21/3/2023

RESPONDENT EXHIBITS

Exhibit B1 True copy of the Deposition of the petitioner

Exhibit B2 True copy of the Interim application No.9/2022 dated 24.11.2022