Kerala High Court
Aswathy Edison vs Santhosh Kumar on 22 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
OP (FC) NO. 193 OF 2023
AGAINST THE ORDER DATED 01.04.2023 IN I.A.NO.1/2021 IN
O.P.NO.619/2021 OF THE FAMILY COURT, NEDUMANGAD
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PETITIONER/COUNTER PETITIONERS:
1 ASWATHY EDISON, AGED 31 YEARS,
D/O.SUNITHA EDISON, SUBIN NIVAS, NELLIVILA,
VENNIYOOR, VENGANOOR VILLAGE, THIRUVANANTHAPURAM
TALUK, THIRUVANANTHAPURAM DISTRICT, PIN - 695523.
2 SUNITHA EDISON, AGED 52 YEARS,
W/O.EDISON, SUBIN NIVAS, NELLIVILA, VENNIYOOR,
VENGANOOR VILLAGE, THIRUVANANTHAPURAM TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN - 695523.
3 EDISON, AGED 60 YEARS, S/O.MILPPAR DAS, SUBIN
NIVAS, NELLIVILA, VENNIYOOR, VENGANOOR VILLAGE,
THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM
DISTRICT, PIN - 695523
BY ADVS.
ADITHYA RAJEEV
S.PARVATHI
RESPONDENT/PETITIONER:
SANTHOSH KUMAR, AGED 42 YEARS,
S/O.STEPHEN, KANAYIL, GOTHAMBI LANE, MYLAMOODU,
ARUVIKKARA VILLAGE, NEDUMANGAD TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN - 695564.
BY ADV.N.BIJA KRISHNA NARAYAN
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(FC) No.193/2023 2
JUDGMENT
A.Muhamed Mustaque, J.
This original petition was filed challenging an order
of the Family Court, Nedumangadu. The said order reads
thus:
The children shall be produced before the court
by the 1st respondent on every alternative days
commencing from 03.04.2023 at 10.00 a.m. and the 1 st
respondent shall hand over to the petitioner/husband
who shall return the children to the 1st respondent
before 5.00 p.m. on the same day. The case will be
considered after a period of two weeks.
It is stated in the order that the custody application will
be considered after two weeks.
It is appropriate that the application for interim
custody shall be considered by the Family Court after
hearing both sides. In the meanwhile, we direct the Child
Welfare Committee, Thiruvananthapuram, to file a report
after conducting necessary enquiry in regard to the custody
of the children with the mother. The report shall be filed
before the Family Court, Nedumangad, within three weeks.
Thereafter, the application for interim custody shall be
disposed of. Till such application is disposed of, the
mother shall retain custody of the children.
The Registry shall forward a copy of this judgment to
the Child Welfare Committee, Thiruvananthapuram.
The original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SOPHY THOMAS
JUDGE
ln
APPENDIX OF OP (FC) 193/2023
PETITIONERS' EXHIBITS:
EXHIBIT-P1 A TRUE COPY OF O.P NO. 619/2021 OF THE
FAMILY COURT, NEDUMANGAD DATED 07.05.2021.
EXHIBIT-P2 A TRUE COPY OF THE AFFIDAVIT ALONG WITH THE
PETITIONER IN I.A NO. 1/2021 IN O.P
619/2021 DATED 05.05.2021.
EXHIBIT-P3 A TRUE COPY OF O.P NO. 588/2020 BEFORE THE
FAMILY COURT, NEDUMANGAD DATED 15.07.2020
EXHIBIT-P4 A TRUE COPY OF THE ORDER DATED 23.12.2020
IN CMP NO. 395/2020 IN M.C NO. 197/2020
BEFORE THE FAMILY COURT, NEDUMANGAD.
EXHIBIT-P5 A TRUE COPY OF THE COMPLAINT DATED
30.03.2021 SUBMITTED BEFORE THE DIRECTOR
GENERAL OF POLICE, THIRUVANANTHAPURAM
DISTRICT.
EXHIBIT6 A TRUE COPY OF CMP NO. 938/2021 BEFORE
JUDICIAL FIRST CLASS MAGISTRATE II,
NEDUMANGAD DATED 23.04.2021.
EXHIBIT-P7 A TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO. 495/2021 OF THE ARUVIKKARA
POLICE STATION, THIRUVANANTHAPURAM DISTRICT
DATED 20.04.2021.
EXHIBIT-P8 CERTIFIED CARBON COPY OF THE ORDER DATED
01.04.2023 IN I.A NO.1/2021 IN O.P NO.
619/2021 OF THE FAMILY COURT, NEDUMANGAD.
EXHIBIT-P9 A TRUE COPY OF THE CASE STATUS OF O.P NO.
619/2021 OF THE FAMILY COURT, NEDUMANGAD
OBTAINED FROM THE OFFICIAL WEBSITE OF THE
DISTRICT COURT (E-COURT).
