Kerala High Court
Vishnu P Naick vs Nayana on 23 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
OP (FC) NO. 520 OF 2023
AGAINST THE ORDER/JUDGMENT IN O.P.(G & W) NO.674/2022 OF
FAMILY COURT, MAVELIKKARA
------
PETITIONER:
VISHNU P NAICK, AGED 36 YEARS, S/O.PANDURANGA
NAICK, THAYYIL HOUSE, OLD THIRUMALA VILLAGE,
NEAR IRON BRIDGE, ALAPPUZHA NOW RESIDING AT 6A,
CORDON SREEVALSAM APARTMENTS, PIPPINMOOD,
SHASTHAMANGALAM, THIRUVANANTHAPURAM,
PIN - 695010.
BY ADVS.
R.RANJANIE
R.LAKSHMI NARAYAN
RESPONDENT:
NAYANA, AGED 35 YEARS, D/O.SIVARAJ P.,
KOLEDATHU HOUSE, ERUVA P.O., ERUVA EAST MURI,
PATHIYOOR VILLAGE, ALLAPUZHA, PIN - 690572.
BY ADVS. KIRAN
M.S.HARISH R. MENON(K/245/1999)
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(FC) No.520/2023 2
JUDGMENT
A.Muhamed Mustaque, J.
The dispute between the parties is regarding the
custody of the child pending before the Family Court,
Mavelikkara. The child custody is permitted to be reviewed.
There was an earlier order of interim custody. This Court
by Ext.P10 allowed the Family Court to review that order
after six months. That order was passed by this Court on
22.03.2023. The application is now pending before the
Family Court. It is posted tomorrow (24.08.2023). The
petitioner seeks interim custody of the child pending
consideration of the application. This was stoutly opposed
by the learned counsel for the respondent.
Taking note of the facts and circumstances, we allow
the father to have custody already permitted on 26.08.2023
from 10 a.m. to 4 p.m. and the father is also given custody
taking note of the Onam Holidays on 01.09.2023, 5 p.m. to
03.09.2023, 4 p.m. This will be subject to further orders
to be passed by the Family Court. The Family Court is
directed to dispose of the pending application (Ext.P12)
within a period of three weeks.
The original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SOPHY THOMAS, JUDGE
ln
APPENDIX OF OP (FC) NO.520/2023
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE UNDERTAKING DATED
8.10.2021 EXECUTED BY THE PETITIONER AND
THE RESPONDENT IN OP NO. 229/2021 ON THE
FILE OF THE FAMILY COURT, MAVELIKKARA,
EXHIBIT P2 THE TRUE COPY OF THE PETITION FILED ON
4.5.2022 AS OP (G & W) NO 674 OF 2022, BY
THE PETITIONER BEFORE THE FAMILY COURT,
MAVELIKKARA,
EXHIBIT P3 THE TRUE COPY OF THE IA NO 3 OF 2022 IN OP
(G & W) NO 674 OF 2022, ON THE FILE OF THE
FAMILY COURT, MAVELIKKARA,
EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED 1.9.2022
PASSED BY THIS HON'BLE COURT IN OP (FC)
NO.500/2022,
EXHIBIT P5 THE TRUE COPY OF THE COUNTER AFFIDAVIT
DATED NIL FILED BY THE RESPONDENT IN OP
(G & W) NO.674/2022,
EXHIBIT P6 THE TRUE COPY OF THE ORDER DATED 5.9.2022
IN I.A. NO 3 OF 2022 IN O.P. ( G & W) 674
OF 2022.
EXHIBIT P7 THE TRUE COPY OF THE REPLY AFFIDAVIT FILED
BY THE PETITIONER IN I.A. NO 3 OF 2022 IN
OP ( G & W ) NO.674/2022
EXHIBIT P8 THE TRUE COPY OF PRESCRIPTION OF DR. S.K.
VIJAYACHANDRAN, PRODUCED BY THE RESPONDENT
ALONG WITH EXT. P-5 IN I.A. NO 3 OF 2022 IN
OP ( G & W ) NO.674/2022
EXHIBIT P9 THE TRUE COPY OF THE JUDGMENT DATED
22.11.20022 IN OP(F.C.) NO. 545/2022 OF
THIS HON'BLE COURT,
EXHIBIT P10 THE TRUE COPY OF THE ORDER DATED 23.2.2023
IN RP NO. 142/2023 OF THIS HON'BLE COURT,
EXHIBIT P11 THE TRUE COPY OF THE PHOTOGRAPHS WITH THE
PETITIONER, MINOR CHILD AND HIS PARENTS AT
ONE OF THE INSTANCES OF INTERACTION AFTER
EXT.P10 ORDER OF THIS HON'BLE COURT.
EXHIBIT P12 THE TRUE COPY OF THE APPLICATION IA NO.
8/2023 FILED BY THE PETITIONER BEFORE THE
FAMILY COURT, MAVELIKKARA IN OP(G&W) NO.
674/2022, FILED ON 24.7.2023.
RESPONDENT'S EXHIBITS:
EXHIBIT R1(A) THE TRUE COPY OF THE PRINTOUTS OF WHATSAPP
CHATS BETWEEN THE PETITIONER AND THE
RESPONDENT, TAKEN FROM THE MOBILE PHONE
USED BY THIS RESPONDENT.
EXHIBIT R1(B) THE TRUE COPY OF THE TICKETS FOR THE
JOURNEY.
