Kerala High Court
Asish Joseph vs Merin Jose on 28 May, 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
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
OP (FC) NO. 318 OF 2024
OPGW NO.185 OF 2023 OF FAMILY COURT, PALA
PETITIONER/PETITIONER:
ASISH JOSEPH
AGED 40 YEARS
S/O JOSEPH MANAVALAN, MANAVALAN HOUSE, MAMBRA,
ANGAMALY, KARUKUTTY P.O, PIN - 683576
BY ADVS.
T.M.RAMAN KARTHA
MANJULA NAIR
M.S.SOUJATH
REVATHY M.A.
SNEHA BRIGIT PRINCE
GREESHMA T.G.
RESPONDENT/RESPONDENT:
MERIN JOSE
AGED 37 YEARS
D/O JOSE, MUNDAMATTATHIL (PULICKAL) (H), KALIKKETTIL
P.O KOTTAYAM DISTRICT, PIN - 686508
BY ADVS.
ARUN LUCKOSE ABRAHAM FOR PARTY RESP
SIJO PATHAPARAMBIL JOSEPH(K/729/2015)
M.S.SARUN(K/000203/2018)
PHILIA KOSHY(K/108/2010)
THIS OP (FAMILY COURT) HAVING COME UP FOR FINAL
HEARING ON 28.05.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2
O.P.(FC)No.318 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
This petition is filed to assail the order in IA No. 8 of 2024 in O.P No.185
of 2023 on the file of the Family Court, Pala.
2. By the impugned order, the Family Court, permitted the
petitioner/father to have interaction with his child on every Monday between 10
am to 1 pm till 27.5.2024. The mother was directed to produce the child and
the petitioner was ordered to pay a sum of Rs. 500/- towards travelling
expenses.
3. We directed the parties to appear before us. We have interacted
with the petitioner, respondent and the minor child. We noted that the
petitioner is suffering from Bipolar Affective Disorder and the same is on
remission. He appears to be on maintenance treatment. In view of the
apprehension expressed by the mother, as regards the safety of the child, we
are not inclined to grant overnight custody. It is submitted by the learned
counsel appearing for the petitioner that the petitioner is the father and he
cannot be denied the custody of the child on the ground that he is under
medication. The learned counsel requested that the petitioner be permitted to
take the child to his residential home and return back the child on the same
day. This request is not opposed by the learned counsel appearing for the
respondent.
4. In that view of the matter, in modification of the order passed by
the Family Court, we direct the respondent to hand over the child to the
petitioner and his mother at 7 am on 1.6.2024. The petitioner shall return the
child back to the respondent at 6 pm on the same day.
Subject to the above modification, this petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
P.M.MANOJ
JUDGE
IAP
APPENDIX OF OP (FC) 318/2024
PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF OP NO.185 OF 2023 FILED
BEFORE THE FAMILY COURT, PALA
Exhibit P2 A TRUE COPY OF THE IA 8/2024 IN OP 185/2024
FILED BEFORE THE FAMILY COURT, PALA
Exhibit P3 A TRUE COPY OF THE OBJECTION FILED BY THE
Exhibit P4 A TRUE COPY OF THE ORDER DT. 23.04.2024
PASSED BY THE FAMILY COURT PALA, IN I A
