Kerala High Court
Dhanya K. R vs Harikrishnan.R on 7 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
FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
OP (FC) NO. 369 OF 2024
AGAINST THE ORDER DATED 17.05.2024 IN OP NO.2722 OF
2023 OF FAMILY COURT, ERNAKULAM
PETITIONER/RESPONDENT:
DHANYA K. R
AGED 37 YEARS
D/O RAVEENDRAN, DILRADH HOUSE, AISWARYA
NAGAR, THEKKUMBHAGAM, THRIPUNITHURA,
ERNAKULAM., PIN - 682307
BY ADVS.
R.NIKHIL
NIMA MERIYAM KOSHY
RESPONDENT/PETITIONER:
HARIKRISHNAN.R
AGED 37 YEARS
S/O K.C. RAVI, KAIPULLIL HOUSE, KAIRALI
ROAD, EROOR SOUTH, THRIPUNIRHURA,
ERNAKULAM., PIN - 682306
OTHER PRESENT:
SRI S RENJITH, FOR PARTY RESP.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
O.P.(FC) No.369 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
This petition is filed challenging the order dated 17.05.2024 in I.A.
No.1 of 2023 in O.P. No.2722 of 2023 on the file of the Family Court at
Ernakulam.
2. By the aforesaid order, the Family Court partly allowed the
petition filed by the respondent herein and permitted the father to have
interaction with the minor child every second Sunday between
10:00 a.m. and 12:00 p.m. in the office of the Family Court, Ernakulam.
3. The learned counsel appearing for the petitioner submitted
that the order passed by the Family Court cannot be sustained. He would
contend that the respondent has in fact remarried and he has never
expressed any desire to be with the child. Finally, it is submitted that the
Family court has erred in scheduling the interaction on a Sunday instead
of scheduling it on a working Saturday.
4. We have heard the learned counsel appearing for the
respondent.
5. Having considered the submissions advanced, we are of the
view that the order passed by the Family Court permitting the
respondent, who is the father of the child to have interaction is not liable
to be interfered with. The child would only benefit from the company of
both parents and by granting visitation rights, the child can maintain
relationships with both parents.
6. In that view of the matter, we are of the view that the order
passed by the Family court can be modified by ordering that the custody
shall be handed over to the respondent on the third Saturday of every
month from 10:00 a.m. to 12:00 p.m. as ordered by the Family court.
Subject to the above modification, this petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
P.M.MANOJ
JUDGE
APM/07/6/24
APPENDIX OF OP (FC) 369/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORIGINAL PETITION
NUMBERED AS O.P NO:2722/2023 ON THE
FILES OF THE HON'BLE FAMILY COURT,
ERNAKULAM
Exhibit P2 A TRUE COPY OF THE OBJECTION FILED BY
THE RESPONDENT IN O.P NO:2722/2023 ON
THE FILES OF THE HON'BLE FAMILY COURT,
ERNAKULAM
Exhibit P3 A TRUE COPY OF THE I.A NO:1/2023 IN O.P
NO:2722/2023 ON THE FILES OF THE
HON'BLE FAMILY COURT, ERNAKULAM
Exhibit P4 A TRUE COPY OF THE OBJECTION FILED BY
THE PETITIONER TO I.A NO:1/2023 IN O.P
NO:2722/2023 ON THE FILES OF THE
HON'BLE FAMILY COURT, ERNAKULAM
Exhibit P5 A TRUE COPY OF THE ORDER DT 17.05.2024
IN I.A NO:1/2023 IN O.P NO:2722/2023 ON
THE FILES OF THE HON'BLE FAMILY COURT,
ERNAKULAM
