Divya.M.S vs Amith
2024 Latest Caselaw 5812 Ker

Kerala High Court

Divya.M.S vs Amith on 23 February, 2024

Author: Anu Sivaraman

Bench: Anu Sivaraman

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                      THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

                                          &

                     THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR

              FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945

                               OP (FC) NO. 683 OF 2023

         AGAINST THE ORDER/JUDGMENT OP 1537/2016 OF FAMILY COURT,THRISSUR

PETITIONER:

              AMITH T.S.
              AGED 40 YEARS
              S/O. SOMAN, THANDASSERY HOUSE, PAZHUVIL WEST DESOM & P.O., KURUMBILAV
              VILLAGE, THRISSUR TALUK & DISTRICT. REPRESENTED BY HIS POWER OF
              ATTORNEY HOLDER SOMAN, AGED 65, S/O. RAMAN, PAZHUVIL WEST DESOM,
              KURUMBILAVU VILLAGE, PAZHUVIL P.O. WEST, THRISSUR TALUK, THRISSUR
              DISTRICT, PIN - 680564

              BY ADVS.
              DHANYA P.ASHOKAN
              M.R.VENUGOPAL
              S. MUHAMMAD ALIKHAN


RESPONDENT:

              DIVYA M.S.
              AGED 34 YEARS
              W/O. SWAROOP & D/O. SUKUMARAN, MONEKKATTU HOUSE, KANNARA DESOM &
              P.O., NEAR COMPANY PADI, PANANCHERY VILLAGE, THRISSUR DISTRICT, PIN -
              680652

              BY ADVS.
              PRAVEEN.K.JOY
              E.S.SANEEJ(K-224/2014)


      THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 23.02.2024, ALONG

WITH OP (FC).63/2024, 108/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC) NO.683/2023 and con. cases

                                          2



                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                      THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

                                          &

                     THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR

              FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945

                               OP (FC) NO. 63 OF 2024

         AGAINST THE ORDER/JUDGMENT GOP 1537/2016 OF FAMILY COURT,THRISSUR

PETITIONER:

              DIVYA M.S
              AGED 31 YEARS
              D/O SUKUMARAN, MONEKATTU HOUSE, KANNARADESOM, NEAR COMPANYPADI,
              KANNARA P.O.,THRISSUR DISTRICT REPRESENTED BY POWER OF ATTORNEY
              HOLDER SUKUMARAN.M.N, AGED 71 YEARS, S/O NARAYANAN, MONEKKATTU HOUSE,
              COMPANYPADI, KANNARA, PEECHI, THRISSUR, PIN - 680652

              PRAVEEN K. JOY
              E.S.SANEEJ


RESPONDENT:

              AMITH
              AGED 37 YEARS
              S/O SOMAN, THANDASSERY HOUSE, PAZHUVIL WEST DESOM, KURUMBILAVU
              VILLAGE, PAZHUVIL P.O WEST, THRISSURTALUK, THRISSUR DISTRICT, PIN -
              680564

              DHANYA P.ASHOKAN
              M.R.VENUGOPAL(K/000472/1994)
              S. MUHAMMAD ALIKHAN(K/000644/2020)
              ATHULYA V.R.(K/000850/2021)

      THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 23.02.2024, ALONG
WITH OP (FC).683/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC) NO.683/2023 and con. cases

                                          3



                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                      THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

                                          &

                     THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR

              FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945

                               OP (FC) NO. 108 OF 2024

         AGAINST THE ORDER/JUDGMENT GOP 1537/2023 OF FAMILY COURT,THRISSUR

PETITIONER:

              DIVYA.M.S
              AGED 31 YEARS
              D/O SUKUMARA, MONEKATTU HOUSE, KANNARA DESOM, NEAR COMPANYPADI,
              KANNARA P.O, THRISSUR DISTRICT, REPRESENTED BY POWER OF ATTORNEY
              HOLDER, SUKUMARAN.M.N, AGED 71 YEARS, S/O NARAYANAN, MONEKKATTU
              HOUSE, COMPANYPADI, KANNARA, PEECHI, THRISSUR, PIN - 680652

              BY ADVS.
              PRAVEEN K. JOY
              E.S.SANEEJ


RESPONDENT:

              AMITH
              AGED 37 YEARS
              S/O SOMAN, THANDASSERRY HOUSE, PAZHUVIL WEST DESOM, KURUMBILAVU
              VILLAGE, PAZHUVIL P.O, WEST, THRISSUR TALUK, THRISSUR DISTRICT, PIN -
              680564


      THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 23.02.2024, ALONG

WITH OP (FC).683/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:
 OP (FC) NO.683/2023 and con. cases

                                       4




                                 JUDGMENT

Dated this the 23rd day of February, 2024

Anu Sivaraman, J.

Heard the learned counsel appearing on either side. We have also

communicated extensively with the child as well as both the parents

through videoconferencing. At earlier occasions, we have also

communicated with the maternal grandparents.

2. Having considered all the contentions advanced, we are of the

opinion that it is in the best interest of the child that interim custody is

granted to the father for the time being. The maternal grandparents shall

produce the child before the Family Court, Thrissur on 02.03.2024. The

interim custody shall be handed over to the father, who has agreed to

come down on the said date, from the premises of the Family Court. The

father shall be permitted to take the child to his work place on condition

that all relevant details including the photostat copies of the passport,

details of the residential address as well as clear details of the OP (FC) NO.683/2023 and con. cases

employment of the father and the school where admission is taken for the

child are provided before the Family Court. The father shall also swear to

an affidavit undertaking to remain bound by the orders of the Family

Court, Thrissur and to abide by the orders passed by the said Court.

3. The mother is permitted to move the applications for VISA to take

the child along with her to Canada as and when she completes her studies

and has proper employment and is able to take the child subject to the

satisfaction of the Family Court. It is made clear that the interim custody

granted to the father is purely an interim measure and as and when the

mother is able to take the child with her to Canada, she can move the

Family Court with application for custody which shall be duly

considered in accordance with law by the Family Court. The respondent

shall also make available the passport of the child and the TC before the

Family Court, Thrissur so that the father is enabled to take possession of

the same and to take the child along with him.

All other contentions including interim custody and vacation OP (FC) NO.683/2023 and con. cases

custody shall be decided by the Family Court on the basis of the

applications filed before the Family Court. These OP(FC)s are disposed

of accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Sd/-

C. PRATHEEP KUMAR JUDGE NP OP (FC) NO.683/2023 and con. cases

APPENDIX OF OP (FC) 63/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE POWER OF ATTORNEY

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 OF THE FAMILY COURT THRISSUR

Exhibit P4 THE TRUE PHOTOCOPY OF THE ORDER IN OP NO. 2178/2017 DATED 12.04.2018 OF THE FAMILY COURT THRISSUR

Exhibit P5 TRUE PHOTOCOPY OF THE ORDER IN IA NO. 3461/2018 IN GOP NO. 1537/2016 DATED 22.04.2019 OF FAMILY COURT THRISSUR

Exhibit P6 TRUE COPY OF THE 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 OF FAMILY COURT, THRISSUR 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 OF FAMILY COURT, THRISSUR

Exhibit P9 TRUE PHOTOCOPY OF THE PETITION NUMBERED AS IA NO.

26/2023 IN GOP NO. 1537/2016 FILED BEFORE FAMILY COURT, THRISSUR

Exhibit P10 TRUE PHOTOCOPY OF THE PETITION NUMBERED AS IA NO.

27/2023 IN GOP NO. 1537/2016 FILED BEFORE THE FAMILY COURT, THRISSUR

Exhibit P11 TTRUE PHOTOCOPY OF THE JUDGMENT IN OP(FC) 503/2023 DATED 10.08.20203

Exhibit P12 TRUE PHOTOCOPY OF THE PETITION NUMBERED AS IA NO.

20/2022 IN GOP NO. 1537/2016 OF THE FAMILY COURT, THRISSUR

Exhibit P13 TRUE PHOTOCOPY OF THE PETITION NUMBERED AS IA NO.

40/2023 IN GOP NO. 1537/2016 OF THE FAMILY COURT, OP (FC) NO.683/2023 and con. cases

THRISSUR

Exhibit P14 TRUE PHOTOCOPY OF THE OBJECTION IN IA NO. 20/2022 IN GOP NO. 1537/2016 OF FAMILY COURT, THRISSUR

Exhibit P15 TRUE PHOTOCOPY OF THE OBJECTION IN IA NO. 40/2023 IN GOP NO. 1537/2016 OF FAMILY COURT, THRISSUR

Exhibit P16 TRUE PHOTOCOPY OF THE JUDGMENT IN OP(FC) 319/2023 DATED 24.08.2023

Exhibit P17 TRUE PHOTOCOPY OF THE COMMON ORDER IN IA NO. 20/2022 AND IA NO. 40/2023 IN OP NO. 1537/2016 OF THE FAMILY COURT, THRISSUR DATED 04.11.2023 OP (FC) NO.683/2023 and con. cases

APPENDIX OF OP (FC) 108/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE PHOTOCOPY OF THE POWER OF ATTORNEY

Exhibit P2 TRUE PHOTOCOPY OF THE MEDIATION AGREEMENT IN GOP NO.

1537/2016 DATED 03.03.2017 OF FAMILY COURT THRISSUR

Exhibit P3 TRUE PHOTOCOPY OF THE ORDER IN GOP NO. 1537/2016 DATED 24.04.2017 OF THE FAMILY COURT THRISSUR

Exhibit P4 TRUE PHOTOCOPY OF THE ORDER IN OP NO. 2178/2017 DATED 12.04.2018 OF THE FAMILY COURT THRISSUR

Exhibit P5 TRUE PHOTOCOPY OF THE ORDER IN IA NO. 3461/2018 IN GOP NO. 1537/2016 DATED 22.04.2019 OF FAMILY COURT THRISSUR

Exhibit P6 TRUE COPY OF THE 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 OF FAMILY COURT, THRISSUR 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 OF FAMILY COURT, THRISSUR

Exhibit P9 TRUE PHOTOCOPY OF THE PETITION NUMBERED AS IA NO.

26/2023 IN GOP NO. 1537/2016 FILED BEFORE FAMILY COURT, THRISSUR

Exhibit P10 TRUE PHOTOCOPY OF THE PETITION NUMBERED AS IA NO.

27/2023 IN GOP NO. 1537/2016 FILED BEFORE THE FAMILY COURT, THRISSUR

Exhibit P11 TRUE PHOTOCOPY OF THE JUDGMENT IN OP(FC) 503/2023 DATED 10.08.20203

Exhibit P12 TRUE PHOTOCOPY OF THE JUDGMENT IN OP(FC) 319/2023 DATED 24.08.2023 OP (FC) NO.683/2023 and con. cases

Exhibit P13 TRUE PHOTOCOPY OF THE COMMON ORDER IN IA NO. 26/2023 AND IA NO. 27/2023 IN OP NO. 1537/2016 OF THE FAMILY COURT, THRISSUR DATED 04.11.2023 OP (FC) NO.683/2023 and con. cases

APPENDIX OF OP (FC) 683/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER DATED 24/04/2017 IN OP 1537/2016 OF THE FILE OF THE FAMILY COURT, THRISSUR ALONG WITH ITS ENGLISH TRANSLATION

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 09/11/2022 IN OPFC

Exhibit P3 TRUE COPY OF THE IA 20/2022 DATED 01/12/2022 IN OP 1537/2016 ALONG WITH ITS ENGLISH TRANSLATION

Exhibit P4 TRUE COPY OF THE INTERLOCUTORY APPLICATION FILED AS IA NO. 43/2023 DATED 30/09/2023 PREFERRED BY THE PETITIONER BEFORE THE FAMILY COURT, THRISSUR

Exhibit P5 TRUE COPY OF THE ORDER DATED 04/11/2023 IN IA 26/2023 IN OP 1537/2016 OF THE FAMILY COURT, THRISSUR

Exhibit P6 TRUE COPY OF THE ORDER DATED 04/11/2023 IN IA 43/2023 IN OP 1537/2016 ON THE FILE OF THE FAMILY COURT, THRISSUR

Exhibit P7 TRUE COPY OF THE FEE RECEIPT DATED 25/09/2023 ISSUED BY THE DOVE GREEN PUBLIC SCHOOL

Exhibit P8 TRUE COPY OF THE APPLICATION FILED AS I.A. NO. 47/2023 DATED 13/12/2023 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THRISSUR

Exhibit P9 TRUE COPY OF THE ORDER DATED 14/12/2020 IN I.A. 1/2020 IN OPFC 748/2019 OF THIS HON'BLE COURT

Exhibit P10 TRUE COPY OF THE ORDER DATED 17/08/2022 IN I.A. 1/2022 IN OPFC 748/2019 OF THIS HON'BLE COURT

Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 31/03/2023 IN OPFC 159/2023 OF THIS HON'BLE COURT

Exhibit P12 TRUE COPY OF THE AIR TICKET BOOKED ON 14/12/2023 IN INDIAN AIRLINES

Exhibit P13 TRUE COPY OF THE ORDER DATED 26/12/2023 IN OPFC 683/2023 OP (FC) NO.683/2023 and con. cases

OF THIS HON'BLE COURT

Exhibit P14 TRUE COPY OF THE WHAT'S APP MESSAGES RECEIVED FROM THE PRINCIPAL OF THE TOC-H SCHOOL

Exhibit P15 TRUE COPY OF THE EMAIL RECEIVED FROM THE PRINCIPAL, TOC H SCHOOL

Exhibit P16 TRUE COPY OF THE PROGRESS REPORT OF THE MINOR CHILD RECEIVED FROM THE PRINCIPAL OF THE TOC-H SCHOO

Exhibit P17 TRUE COPY OF THE PHOTOGRAPHS TAKEN DURING THE RECENT HOLIDAYS

RESPONDENT EXHIBITS

Exhibit R1(a) True photocopy of the receipt for the School fees dated 08.01.2024

Exhibit R1(b) True photocopy of the photograph evidencing that the minor child is attending regular classes

Exhibit R1(c) True photocopy of the photographs of the minor child with his mother and maternal grandparents