Varghese Mathew vs Sharon Manaloor
2024 Latest Caselaw 14178 Ker

Kerala High Court

Varghese Mathew vs Sharon Manaloor on 29 May, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT
             THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                   &
                THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
        Wednesday, the 29th day of May 2024 / 8th Jyaishta, 1946
                IA.NO.1/2024 IN OP (FC) NO. 655 OF 2021(R)
                OPGW 401/2018 OF FAMILY COURT, THIRUVALLA

APPLICANT/PETITIONER:


      VARGHESE MATHEW, AGED 41, S/O. M.V.MATHEW, NO.5-377,

      TOP HILL TEA FACTORY, AMMAN NAGAR, KIL-KOTAGIRI BAZAR P.O.,

      NILGRIS, TAMIL NADU STATE, PIN - 643 216.


RESPONDENT/RESPONDENT:


      SHARON MANALOOR, AGED 36, W/O.VARGHESE MATHEW AND

      D/O.REVI MANALOOR, MANALOOR HOUSE, CHIRAYIRAMBU P.O.,

      MARAMON, PATHANAMTHITTA DISTRICT, PIN - 689 549.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass and order
permitting the petitioner/father to contact the minor child 'Niah Mary
Varghese' through Whatsapp video call (a) 5 minutes every day except
Friday, Saturday and Sunday between 4.00 P.M and 4.30 P.M (b) 5 minutes
every day except Friday, Saturday and Sunday between 8.00 P.M and 8.30
P.M (c) for 20 minutes Whatsapp video call on every Sunday and Friday
between 8.30 P.M and 9.00 P.M.


     This Application again coming on for orders upon perusing the
application and the affidavit filed in support thereof, this Court's
judgment dated 12/01/2022 & order dated 05/04/2024 in IA 1/2024 and upon
hearing the arguments of M/S. JOSEPH GEORGE & P.A.REJIMON, Advocates for
the applicant in IA/petitioner in OP(FC) and of SMT. MEREENA.J.JOSEPH,
Advocate for the respondent in IA/OP(FC), the court passed the
following:

                                                      P.T.O.
          A.MUHAMED MUSTAQUE & SOPHY THOMAS, JJ.
         ----------------------------------------------------
                                 I.A No.1 of 2024
                                            in
                           O.P. (FC) No.655 of 2021
             ------------------------------------------------------
                   Dated this the 29th day of May, 2024
                                    ORDER

A.Muhamed Mustaque, J.

This is an application filed to modify the conditions imposed in

the compromise to contact the child.

2. The learned counsel for the respondent opposed the

application.

3. The Condition No.h in the compromise is to allow the

father of the child to contact the child through zoom or skype. The

learned counsel for the petitioner submits that it is very difficult to

contact the child through zoom or skype.

4. Though we are not interested in the argument, we are

of the view that on every Sunday, as mentioned in the compromise,

the father the shall be permitted to contact the child through

Whatsapp and all other conditions will remain intact.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SOPHY THOMAS, JUDGE PR

29-05-2024 /True Copy/ Deputy Registrar