Kerala High Court
Geo Davis vs Aleena on 25 April, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946
OP (FC) NO. 271 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 05.04.2024 IN GOP NO.486
OF 2023 OF FAMILY COURT, IRINJALAKUDA
PETITIONER/S:
GEO DAVIS
AGED 41 YEARS
S/O DAVIS, VILLAN VEEDU, KORMALA DESOM,
KUTTICHIRA VILLAGE, VELLIKULANGARA P.O, THRISSUR
DISTRICT, PIN - 680699
BY ADVS.
RAPHAEL THEKKAN
CHRISTINE MATHEW
RESPONDENT/S:
ALEENA
AGED 31 YEARS
W/O GEO, VILLAN VEEDU, KORMALA DESOM, KUTTICHIRA
VILLAGE, THRISSUR NOW RESIDING AT HOUSE
NO.16/391 OF CHALAKUDY MUNICIPALITY, CHALAKUDY
DESOM, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN -
680007
BY ADVS.
P.K.VARGHESE
M.T.SAMEER(K/3346/1999)
JERRY MATHEW(K/658/2015)
DHANESH V.MADHAVAN(K/298/2006)
K.R.ARUN KRISHNAN(K/617/2011)
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
25.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC) No.271 of 2024
-2-
JUDGMENT
Dated this the 25th day of April, 2024
V.G.Arun, J.
The original petition is filed challenging
the order rejecting the petitioner's application
seeking custody of the minor child during summer
vacation.
2. We heard the learned Counsel on either
side at length and perused the impugned order.
3. We are of the definite opinion that
custody of the minor child cannot be denied to
the petitioner during the entire period of summer
vacation only for the reason that the minor has
to undergo dance classes. It is to be borne in
mind, the father also has equal right over the
child and interim custody can be denied only for
valid and sustainable reasons. As one month of
the summer vacation has already elapsed, we deem
it appropriate to grant custody of the child to
the father/petitioner for two weeks.
The original petition is accordingly disposed
of, by directing the child to be handed over to
the custody of the petitioner on the coming
Saturday (27.04.2024) at 11.00 a.m. Thereafter,
the child shall continue in the custody of the
petitioner for a period of two weeks. The
petitioner shall return the child to the custody
of the respondent/mother at 5.00 p.m. on
11.05.2024.
sd/-
V.G.ARUN
JUDGE
sd/-
M.B.SNEHALATHA
JUDGE
Scl/
APPENDIX OF OP (FC) 271/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE G.O.P.NO.486/2023
DATED MARCH,2023 OF THE FAMILY COURT ,
IRINJALAKUDA
Exhibit P2 TRUE COPY OF THE PETITION AND
AFFIDAVIT OF I.A.NO.2/2023 IN
G.O.P.NO.486/2023 DATED 28.02.2023 OF
THE FAMILY COURT , IRINJALAKUDA
Exhibit P3 TRUE COPY OF THE COUNTER DATED
09/05/2023 FILED BY THE PETITIONER IN
IA 2 / 2023 IN GOP 486 / 2023 OF THE
FAMILY COURT , IRINJALAKUDA
Exhibit P4 TRUE COPY OF THE ORIGINAL PETITION
FILED BY THE RESPONDENT IN
O.P(F.C).NO.458/2023 WITHOUT EXHIBIT
DATED 20.07.2023 OF THIS HON'BLE COURT
Exhibit P5 TRUE COPY OF THE JUDGMENT IN
O.P(F.C).NO.458/2023 DATED 05.09.2023
OF THIS HON'BLE COURT
Exhibit P6 TRUE COPY OF THE ORDER IN IA NO. 13 /
2023 IN GOP NO. 486 / 2023 OF THE
FAMILY COURT , IRINJALAKUDA DATED
19.12.2023.
Exhibit P7 TRUE COPY OF THE PETITION IN
I.A.NO.15/2024 IN G.O.P.NO.486/2023
DATED 19.03.2024 OF THE FAMILY COURT,
IRINJALAKUDA
Exhibit P8 TRUE COPY OF THE OBJECTION FILED IN
I.A.15/2024 IN G.O.P.NO.486/2023 DATED
21.03.2024 OF THE FAMILY COURT ,
IRINJALAKUDA
Exhibit P9 TRUE COPY OF THE ORDER DATED
05.04.2024 I.A.NO.15/2024 IN
G.O.P.NO.486/2023 ON THE FILE OF
FAMILY COURT, IRINJALAKUDA.
RESPONDENT EXHIBITS
Exhibit R1 A true copy of the order dated
05.05.2023 in BA No.3044/2023 of this
Honourable Court
