Kerala High Court
Divya M.S vs Amith T.S on 25 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
OP (FC) NO. 562 OF 2023
IA NO.30/2023, IA NO.34/2023 & IA NO.31/2023 IN GOP
1537/2016 OF FAMILY COURT,THRISSUR
PETITIONER/PETITIONER IN IA 31/2023/RESPONDENT IN GOP:
DIVYA M.S., AGED 34 YEARS,
D/O SUKUMARAN, MONEKATTU HOUSE, KANNARA DESOM, NEAR
COMPANYPADI, KANNARA P.O., THRISSUR DISTRICT-680 652
REPRESENTED BY HER POWER OF ATTORNEY HOLDER AND HUSBAND
SWAROOP N.S, AGED 35, S/O SUDHARMAN, RESIDING IN THE
ADDRESS GALAXY WINSTON, FLAT NO C-9, CHILAVANNUR ROAD,
KADAVANTHRA P.O, ERNAKULAM DISTRICT, PIN - 682020.
BY ADVS.
PRAVEEN K. JOY
E.S.SANEEJ
RESPONDENT/RESPONDENT IN IA.31/2023/PETITIONER IN GOP:
AMITH T.S, AGED 41 YEARS,
S/O SOMAN, THANDASSERY HOUSE, PAZHUVIL WEST DESOM,
KURUMBILAVU VILLAGE, PAZHUVIL P.O WEST, THRISSUR TALUK,
THRISSUR DISTRICT, PIN - 680564.
BY ADVS.
ADV. VENUGOPAL M.R.
DHANYA P.ASHOKAN(K/001671/2000)
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(FC) No.562/2023 2
J U D G M E N T
A.Muhamed Mustaque, J.
Having heard the learned counsel on both sides, we are
of the view that the father should be given custody of the
child today itself (25.08.2023) by 5.00 p.m. However, the
mother can have custody of the child on 29.08.2023 from 10.00
a.m. till 5.00 p.m. Thereafter, the child shall be in the
custody of the father till 31.08.2023 evening 4.00 p.m. The
child shall be handed over and returned from the premises of
the Family Court, Thrissur.
This original petition is disposed of.
Issue photocopy today itself.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SOPHY THOMAS
JUDGE
DSV/-
APPENDIX OF OP (FC) 562/2023
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE PHOTOCOPY OF THE POWER OF ATTORNEY DATED
20.08.2022.
Exhibit P2 TRUE PHOTOCOPY OF THE MEDIATION AGREEMENT IN GOP
NO. 1537/2016 DATED 03.03.2017.
Exhibit P3 TRUE PHOTOCOPY OF THE ORDER IN GOP NO. 1537/2016
DATED 24.04.2017.
Exhibit P4 TRUE PHOTOCOPY OF THE ORDER IN OP NO. 2178/2017
DATED 12.04.2018.
Exhibit P5 TRUE PHOTOCOPY OF THE ORDER IN IA NO. 3461/2018
IN GOP NO. 1537/2016 DATED 22.04.2019.
Exhibit P6 TRUE JUDGMENT IN OP(FC) NO. 530/2019 DATED
11.10.2019.
Exhibit P7 TRUE PHOTOCOPY OF THE COMMON ORDER IN IA NO.
3707/2019 AND IA NO. 4070/2019 IN GOP NO.
1537/2016 DATED 27.11.2019.
Exhibit P8 TRUE PHOTOCOPY OF THE COMMON ORDER IN IA NO.
18/2022 AND IA NO. 25/2023 IN GOP NO. 1537/2016
DATED 27.03.2023.
Exhibit P9 TRUE PHOTOCOPY OF THE JUDGMENT IN OP(FC)
503/2023 DATED 10.08.2023.
Exhibit P10 TRUE PHOTOCOPY OF THE IA NO. 30/2023 IN GOP
1537/2016 BEFORE FAMILY COURT, THRISSUR.
Exhibit11
TRUE PHOTOCOPY OF THE IA NO. 34/2023 IN GOP
1537/2016 BEFORE FAMILY COURT, THRISSUR.
Exhibit P12 TRUE PHOTOCOPY OF THE A DIARY PROCEEDINGS IN IA
NO. 30/2023 AND IA NO. 34/2023 IN GOP 1537 DATED
21.08.2023.
Exhibit P13 TRUE PHOTOCOPY OF THE IA NO. 31/2023 IN GOP
1537/2016 BEFORE FAMILY COURT, THRISSUR.
RESPONDENT'S EXHIBITS : NIL
