Kerala High Court
Sruthy Mohan vs Harikrishnan C.R on 6 June, 2024
Author: Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
OP (FC) NO. 352 OF 2024
AGAINST THE ORDER DATED 07.05.2024 IN IA NO. 1 OF 2024 IN
OP NO.2359 OF 2021 OF FAMILY COURT,ERNAKULAM
PETITIONER/RESPONDENT/PETITIONER:
SRUTHY MOHAN,
AGED 32 YEARS
D/O. MOHANAN NAIR, SRUTHY BHAVAN, KARUNAPURAM P.O,
IDUKKI, PIN-685552, PRESENTLY RESIDING AT 32FA,
FERNSONS APARTMENT, ST. BENEDICT ROAD, KACHERIPADY,
ERNAKULAM, PIN - 682018
BY ADV N.MAHESH
RESPONDENT/PETITIONER/RESPONDENT:
HARIKRISHNAN C.R,
AGED 38 YEARS, S/O. LATE RADHAKRISHNAN NAIR, CHOLLANAL
HOUSE, IRINGOL P.O, PERUMBAVOOR, ERNAKULAM,, PIN -
683548
BY ADVS.
BOBY MATHEW
K.MEERA(K/587/1991)
THIS OP (FAMILY COURT) HAVING COME UP FOR FINAL HEARING ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
OP(FC). No. 352 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner is the wife of the respondent. She is a Major in the
Indian Army and is posted at Rajouri. The respondent is a Commander
in the Indian Navy. He is posted at Cochin. They have two minor
daughters who are now staying with the maternal grandparents at
Kattappana.
2. This petition is filed by the petitioner being aggrieved by
Clause (i) of the order passed by the Family Court granting interim
custody and visitation rights to the respondent. The relevant portion of
the order reads as under:
"The petitioner is permitted to have day custody of the minors
from 10 am to 5.00 pm on every 2nd and 4th Sunday
The petitioner is further allowed to have interim custody of the
minors during the forst 5 days of Onam and Christmas
vacation and also on the first 10 days of April and May during
the summer vacation. Since the summer vacation of 2024 is
partly over , the petitioner may have custody of the children
from 10.00 am on 15.05.204 till 4 pm on 25.05.24."
3. We directed the parties to appear before us along with the
children. The petitioner came online and we have had an interaction
with her and the minor children. We have also heard the respondent
who appeared before us in person.
4. The main grievance of the petitioner concerns the direction
issued by the Family Court to produce the children who are residing at
Kattappana to the Family Court, Ernakulam. The traveling time is about
7 hours and it is pointed out that it would be strenuous for the children
and the grandparents to undertake the said exercise. The
commencement of the monsoon season in Kerala is also highlighted and
it is pointed out that travelling all the way would be hazardous. It is
further submitted that the petitioner is likely to be transferred to
Coimbatore in the near future and her plans are to admit the children at
the Air Force School at her new station.
5. The respondent stated before us that he is not insisting that
the children shall travel from Kattappana to Cochin. He stated that on
every 2nd and 4th Sunday, he shall travel to Kattappana and he requests
that the custody of the children be handed over to him from 10:00 a.m.
to 2:00 p.m.
6. We have considered the submissions.
7. After interaction with the parties and based on their
submissions, we modify the order passed by the Family Court as under:
The respondent shall be granted day custody of the minor children
on the 2nd and 4th Saturday of every month from 10.00 am to
2.00 pm. The handing over and return of the children shall be at
the entrance of the Jumanji Park at Kattappana.
This Original Petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
P.M.MANOJ
JUDGE
APM/6/6/24
APPENDIX OF OP (FC) 352/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PETITION FOR DIVORCE IN
O.P. NO. 2359/2021 FILED BY THE
PETITIONER BEFORE THE FAMILY COURT,
ERNAKULAM DATED 8/10/2021
Exhibit P2 TRUE COPY OF THE AWARD PASSED BY LOK
ADALAT HELD ON 10/03/2021 AT MUNSIFF'S
COURT PERUMBAVOOR
Exhibit P3 TRUE COPY OF I.A. NO. 1420/2022 IN O.P.
NO. 2539/2021 DATED 8.3.2022 FILED BY THE
PETITIONER
Exhibit P4 TRUE COPY OF JUDGMENT DATED 1.3.2024 IN
O.P.(FC) 170/2022 OF THIS HON'BLE COURT
Exhibit P5 TRUE COPY OF IA NO 1/2024 IN OP NO 2359
DATED 21/03/2024 FILED BY THE RESPONDENT
BEFORE THE FAMILY COURT, ERNAKULAM
Exhibit P6 TRUE COPY OF OBJECTION FILED BY THE
PETITIONER IN EXHIBIT P5 CUSTODY PETITION
DATED 19/04/2024
Exhibit P7 TRUE COPY OF THE JOINT STATEMENT DATED
29/04/2024 FILED BEFORE THE FAMILY COURT,
ERNAKULAM
Exhibit P8 TRUE COPY OF THE ORDER OF THE FAMILY
COURT, ERNAKULAM IN IA 1/2024 IN OP NO.
2359/2021 DATED 07/05/2024
Exhibit P9 TRUE COPY OF MEDICAL CERTIFICATE IN
RESPECT OF THE CHILD VEDA ISSUED BY
DR.RAFEEKA BEEVI MODERN CLINIC
THOOKUPALAM DATED 13/05/2024
Exhibit P10 TRUE COPY OF MEDICAL CERTIFICATE IN
RESPECT OF THE CHILD VAIGA ISSUED BY
DR.RAFEEKA BEEVI MODERN CLINIC
THOOKUPALAM DATED 13/05/2024
