Susha vs Anandan
2023 Latest Caselaw 5719 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                              &
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
   TUESDAY, THE 16TH DAY OF MAY 2023 / 26TH VAISAKHA, 1945
                  OP (FC) NO. 235 OF 2023
        GOP 1220/2022 OF FAMILY COURT, IRINJALAKUDA
PETITIONER/RESPONDENT/RESPONDENT:

         SUSHA
         AGED 44 YEARS
         D/O SUKUMARAN, THANDASSERY HOUSE, METHALA VILLAGE,
         BY PASS ROAD, METHALA P.O, KODUGNALLUR TALUK,
         THRISSUR DISTRICT., PIN - 680669

         BY ADV RAJESH CHAKYAT



RESPONDENT/PETITIONER/PETITIONER:

         ANANDAN
         AGED 49 YEARS
         S/O RAJAN, PULIKKAL HOSUE, PUTHENCHIRA -VILLAGE,
         KANNIKULANGARA DESOM, PUTHENCHIRA P.O., PIN 680
         682, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, ( MAIN
         ROAD COURT SIDE ROAD, 1ST CROSS, PULIKKAL HOUSE,
         IRINJALAKUDA ., PIN - 680121
 O.P(FC) No.235/2023

                               -:2:-

          BY ADVS.
          Vinod Bhat S
          ANAGHA LAKSHMY RAMAN(K/000767/2015)
          GREESHMA CHANDRIKA.R(K/807/2020)




     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
16.05.2023,   THE     COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P(FC) No.235/2023

                                -:3:-

                          JUDGMENT

Dated this the 16th day of May, 2023

Dr. Kauser Edappagath, J.

Ext.P7 order of the Family Court, Irinjalakuda granting

interim custody of the child to its father is under challenge in this

original petition filed by the mother.

2. The respondent/father filed G.O.P.No.1220/2022

before the Family Court seeking permanent custody of the child.

The petitioner and the respondent arrived at a settlement during

the counselling at the Family Court and cyclic custody was given

to the father on Friday preceding the Second Saturday till the

ensuing Sunday up to 4.30 pm. Ext.P7 order was passed by the

Family Court in tune with the said settlement arrived at between

the parties at the counselling. Over and above the settlement,

the custody of the child to the father/respondent was granted on

the second half of the summer vacation as well.

3. We have heard Sri. Rajesh Chakyat, the learned

counsel for the petitioner and Sri. S.Vinod Bhat, the learned O.P(FC) No.235/2023

counsel for the respondent.

4. This Court as per the interim order dated 12.5.2023

modified the interim direction in Ext.P7 order so far as the

custody of the child during the second half of the summer

vacation is concerned. The petitioner/mother was directed to

hand over the child to the respondent/father from 12.5.2023 to

16.5.2023.

5. Today, the petitioner, the respondent, the child as well

as the elder son of the petitioner and the respondent is present.

We interacted with them. The child is found to be comfortable

with the father and his elder brother. After interacting with the

parties, we found it fit to refer the parties for counselling and

they were sent to the Family Counselling Center under the Kerala

High Court Legal Services Committee and a report has been

obtained. On a perusal of the report and interacting with the

parties, we are of the view that the interim order passed by this

Court on 12.5.2023 that the child shall be given interim custody

to the father till 16.5.2023 can be extended till 27.5.2023.

Hence, this original petition is disposed of as follows: O.P(FC) No.235/2023

(i) The child shall remain in the custody of the father till

27.5.2023.

(ii) The father shall hand over back the custody of the

child to the mother on 27.5.2023 at 4.30 pm at the Family Court

premises in the presence of the Chief Ministerial Officer.

(iii) Either parties are free to move an application before

the Family Court for modification of Ext.P7 order, if situation

warrants.

(iv) The Registrar Judicial is directed to keep the

counselling report in a sealed cover.

Sd/-

ANIL K.NARENDRAN JUDGE sd/-

DR. KAUSER EDAPPAGATH JUDGE kp O.P(FC) No.235/2023

APPENDIX OF OP (FC) 235/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE PETITION IN G.O.P 1220/2022 ON THE FILE OF FAMILY COURT, IRINJALAKUDA

Exhibit P2 A TRUE COPY OF THE I.A.NO.2/2022 IN GOP NO.1220/2022 ON THE FILE OF FAMILY COURT, IRINJALAKUDA

Exhibit P3 A TRUE COPY OF THE ORDER DATED 06.09.2022 IN I.A.NO.2/2022 IN G.O.P.NO.1220/2022

Exhibit P4 A TRUE COPY OF THE OBJECTION IN I.A.NO.02/2022 IN G.O.P.NO.1220/2022

Exhibit P5 A TRUE COPY OF THE I.A.NO.14/2023 IN G.O.P.NO.1220/2022 ON THE FILE OF FAMILY COURT, IRINJALAKUDA

Exhibit P6 A TRUE COPY OF THE OBJECTION IN I.A.NO.14/2023 IN G.O.P.NO.1220/2022 ON THE FILE OF FAMILY COURT, IRINJALAKUDA FILED BY THE PETITIONER

Exhibit P7 A TRUE COPY OF THE ORDER DATED 04.04.2023 IN I.A.NO.2/2022 IN G.O.P.NO.1220/2022 ON THE FILE OF FAMILY COURT; IRINJALAKUDA