Manju Pavithran vs A.M. Praveen
2024 Latest Caselaw 14203 Ker

Citation : 2024 Latest Caselaw 14203 Ker
Judgement Date : 29 May, 2024

Kerala High Court

Manju Pavithran vs A.M. Praveen 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
                             OP (FC) NO. 360 OF 2023
 AGAINST THE ORDER IN I.A.NO.02/2022, IN OP(G&W)NO.726 OF 2022 OF
               FAMILY COURT, OTTAPPALAM DATED 08.06.2023
PETITIONER/S:

             MANJU PAVITHRAN
             AGED 39 YEARS
             D/O MR.PAVITHRAN KARUVARATHODIYIL HOUSE,
             KOONATHARA (POST), OTTAPALAM TALUK,
             PALAKKAD DISTRICT, PIN - 679523
             BY ADVS.
             K.RAVI (PARIYARATH)
             G.SREEKUMAR (CHELUR)


RESPONDENT    :

    1        A.M. PRAVEEN
             AGED 42 YEARS
             S/O LATE A.S. MANI, ATHIKKAL HOUSE,
             ADITYA NAGAR, THOTTAKARA(POST),
             OTTAPALAM TALUK, PALAKKAD DISTRICT,
             PIN - 679102
 ADDL.R2     THE CHILD WELFARE COMMITTEE,
             REPRESENTED BY THE CHAIRMAN, CHILD WELFARE COMMITTEE
             GOVT. OBSERVATION HOME AND SPECIAL HOME NEAR POLICE
             CAMP, MUTTIKULANGARA PO, PALAKKAD, PIN-678594
             IS SUO MOTU IMPLEADED AS PER THE ORDER DATED 16/8/23 IN
             OP(FC) NO.360/2023.
             BY ADVS.
             SANTHEEP ANKARATH
             GOVERNMENT PLEADER
             SHERRY M.V.(K/976/2001)
     THIS    OP    (FAMILY    COURT)    HAVING   COME   UP   FOR   ADMISSION   ON
29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(FC)No.360 of 2023
                                    2



                            JUDGMENT

A.Muhamed Mustaque, J.

This original petition was filed by the mother of the

minor child as against the interim order in a custody matter. The

Family Court passed a detailed order on 08.06.2023 touching on the

aspects of the welfare of the child. We have interacted with the

parties and the child. We also felt that the order passed by the

Family Court is perfectly legal. We passed several orders in this

matter. We also appointed Adv.Smt.A.Parvathy Menon as amicus

curiae. Presently, the child, based on our order, is undergoing

treatment at the Government Mental Health Centre, Thrissur. Their

reports are on file. As seen from the report, the behavioral and

emotional issues of the child have been improved. We hope that the

disputes between the parties will not deteriorate the mental well-

being of the child as they would now realise how important, on the

needs to provide medical support to the child. We are of the view

that the Family Court, after adverting to the report and interacting

with the parties, as well as interacting with the child, shall take

appropriate decision regarding interim custody. The father shall be

permitted to interact with the child in the presence of the Family

Court Judge in his chamber at a convenient time chosen by the

learned Judge.

We direct the Registry to forward the report of the

Government Mental Health Centre, Thrissur made available before

this Court to the Family Court, Ottappalam. We also direct the

Superintendent of Mental Health Centre, Thrissur to file a further

report in the matter before the Family Court, Ottappalam in O.P.

(G&W)No.726 of 2022. The Family Court shall also appoint a

lawyer under CLAP scheme to represent the child. We record our

sincere appreciation to the amicus curiae Adv.Smt.A.Parvathy

Menon in assisting this Court. The positive outcome is evident in

the improvement of child's mental condition. We also acknowledge

and appreciate both counsels who equally co-operated with the

Court and amicus curiae.

This original petition is disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE rkj

APPENDIX OF OP (FC) 360/2023

PETITIONER EXHIBITS Exhibit - P1 TRUE COPY OF THE ORIGINAL PETITION PREFERRED BY THE RESPONDENT, AS O.P.(G&W). NO. 726/2022, ON THE FILE OF THE HON'BLE FAMILY COURT, OTTAPALAM, AGAINST THE PETITIONER, SEEKING PERMANENT CUSTODY, OF THE CHILD PRANAV ATHIKAL, DATED 03.10.22.

Exhibit-P2          TRUE COPY OF THE COUNTER STATEMENT FILED
                    BY   THE    PETITIONER   IN    O.P.(G&W).NO.
                    726/2022, ON THE FILE OF THE HON'BLE

FAMILY COURT, OTTAPALAM, DATED 08.11.22. Exhibit-P3 TRUE COPY OF THE I.A. NO. 2/2022 IN O.P. (G&W).NO.726/2022, ON THE FILE OF THE HON'BLE FAMILY COURT, OTTAPALAM, DATED 03.10.22.

Exhibit-P4 TRUE COPY OF THE ORDER PASSED IN I.A. NO.

2/2022 IN O.P.(G&W). NO.726/2022, ON THE FILE OF THE HON'BLE FAMILY COURT, OTTAPALAM, DATED 29.12.22.

Exhibit-P5 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM THE DEPARTMENT OF PSYCHIATRY, P.K. DAS INSTITUTE OF MEDICAL SCIENCES , VANIYAMKULAM, DATED 03.01.23.

Exhibit - P6 TRUE COPY OF THE ORDER PASSED IN I.A. NO.

2/2022 IN O.P.(G&W). NO. 726/2022, ON THE FILE OF THE HON'BLE FAMILY COURT, OTTAPALAM, DATED 08.06.23.