Kerala High Court
Ebin C. John vs Chippy Elizabeth John 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. 404 OF 2023
AGAINST THE ORDER IN I.A.NO.5/2023 IN O.P.NO.780/2022 OF
FAMILY COURT, KOTTAYAM
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PETITIONER/RESPONDENT:
CHIPPY ELIZABETH JOHN, AGED 31 YEARS,
D/O.OUSEPH JOHN, KUTHIRAVATTATHIL HOUSE,
KURISUMMODU (PO), VAZHAPPILLY, CHANGANACHERRY,
KOTTAYAM DISTRICT, PIN - 686104.
BY ADV.BINOY VASUDEVAN
RESPONDENT:
EBIN C JOHN, AGED 32 YEARS, S/O.JOHN GEORGE,
CHEKKATHADATHIL HOUSE, ATHIRAMPUZHA (PO),
KOTTAYAM, PIN - 686562.
BY ADVS.ABRAHAM GEORGE JACOB
C.MURALIKRISHNAN (PAYYANUR)(K/145/1997)
P.I.RAHEENA(K/283/2015)
SHAHNA(K/001380/2023)
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
23.08.2023, ALONG WITH O.P.(FC).475/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC) Nos.404 and 475 of 2023 2
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. 475 OF 2023
AGAINST THE ORDER IN I.A.NO.5/2023 IN O.P.NO.780/2022 OF
FAMILY COURT, KOTTAYAM
-------
PETITIONER:
EBIN C. JOHN, AGED 34 YEARS, SON OF JOHN
GEORGE, AGED 34 YEARS, RESIDING AT
CHEKKATHADATHIL HOUSE, ATHIRAMPUZHA P.O.,
ATHIRAMPUZHA VILLAGE, KOTTAYAM DISTRICT, PIN
- 686562.
BY ADVS.
ABRAHAM GEORGE JACOB
C.MURALIKRISHNAN (PAYYANUR)
P.I.RAHEENA,
SHAHNA
RESPONDENT:
CHIPPY ELIZABETH JOHN, AGED 32 YEARS,
DAUGHTER OF OUSEPH JOHN, AGED 32 YEARS,
KUTHIRAVATTATHIL HOUSE, KURISUMMOODU P.O.,
VAZHAPPALLY, CHANGANACHERRY,
KOTTAYAM DISTRICT, PIN - 686104
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
23.08.2023, ALONG WITH OP (FC).404/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC) Nos.404 and 475 of 2023 3
JUDGMENT
[OP (FC) Nos.404/2023 & 475/2023]
A.Muhamed Mustaque, J.
The mother and father of the minor children are
before us challenging the order of the Family Court,
Kottayam at Ettumanoor. In a petition filed by the
father, he was given custody of the children only from
9 a.m. on every Second Saturday till 5 p.m. on the
following Sunday. This is questioned by the mother on
the ground that the father cannot be given overnight
custody. The father is also not satisfied with the order
stating that he was given custody of the children only
from 9 a.m. on every Second Saturday till 5 p.m. on the
following Sunday. The eldest child is only three years
old and the youngest child is only 1½ years old.
Taking note of the tender age of the children and
acknowledging different views of the parties, we are of
the view that the father should be given custody of the
children on every Sunday from 10 a.m. to 5 p.m. for a
period of four months. Thereafter, the Family Court can
revisit the order and pass appropriate orders taking
note of the circumstances. This arrangement is intended
to facilitate the relationship between the father and
the children and to foster familiarity especially given
the strained relationship between the mother and the
father. The children shall be handed over and returned
from the premises of the Family Court, Kottayam at
Ettumanoor. Both parties are also directed to find out
the alternative place to handover the children mutually.
The original petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SOPHY THOMAS
JUDGE
ln
APPENDIX OF OP (FC) NO.475/2023
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF O.P(G&W) 780 OF 2022 OF THE
FAMILY COURT KOTTAYAM AT ETTUMANOOR
EXHIBIT P2 TRUE COPY OF THE I A NO. 5/2023 IN
O.P(G&W) NO.780/2022 ON THE FILE OF THE
FAMILY COURT, KOTTAYAM AT ETTUMANOOR
EXHIBIT P3 TRUE COPY OF THE OBJECTION DATED
02/06/2023 IN IA NO.5/23 IN O.P(G&W)
NO.780/2022.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 13/06/2023
IN I A NO.5/2023 IN O.P. NO.780/2022 OF
THE FAMILY COURT, KOTTAYAM
APPENDIX OF OP (FC) NO.404/2023
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF O.P.NO.780/2022 ON THE FILE
OF FAMILY COURT, KOTTAYAM AT ETTUMANOOR.
EXHIBIT P2 TRUE COPY OF OP.NO.905/2022 ON THE FILE
OF THE FAMILY COURT, KOTTAYAM AT
ETTUMANNOOR.
EXHIBIT P3 TRUE COPY OF I.A.NO.05/2023 IN
O.P.NO.780/2022 ON THE FILE OF FAMILY
COURT, KOTTAYAM AT ETTUMANNOOR.
EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED
02.06.2023 IN I.A.NO.05/2023 IN
O.P.NO.780/2022 ON THE FILE OF FAMILY
COURT, KOTTAYAM AT ETTUMANOOR.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 13.06.2023
IN I.A.NO.05/2023 IN O.P.NO.780/2022 ON
THE FILE OF FAMILY COURT, KOTTAYAM AT
ETTUMANOOR.
