Kerala High Court
Jerin Joy vs Lucy Simon on 31 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 SHOBA ANNAMMA EAPEN
MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946
CON.CASE(C) NO. 2338 OF 2023
AGAINST THE JUDGMENT DATED IN OP (FC) NO.355 OF 2023 OF HIGH
COURT OF KERALA
PETITIONER/S:
JERIN JOY,
AGED 41 YEARS
S/O JOY, RESIDING AT AYROOKARAN HOUSE, KORATTY P O,
THRISSUR DISTRICT-, PIN - 680308
BY ADVS.
P.MARTIN JOSE
P.PRIJITH
THOMAS P.KURUVILLA
R.GITHESH
RAPHAEL THEKKAN
CHRISTINE MATHEW
HARIKRISHNAN S.
S.SREEKUMAR (SR.)
RESPONDENT/S:
LUCY SIMON,
AGED 39 YEARS
D/O. SIMON JOHN, MULLAKERI HOUSE, HOUSE, HOUSE
NO.50/438-A, MYTHRI NAGAR, MANIMALA ROAD, EDAPALLY
P.O, ERNAKULAM DISTRICT-, PIN - 682024
CON.CASE(C) NO. 2338 OF 2023
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BY ADVS.
ADV.TISSY ROSE K.CHERIYAN
ADV.ASHIKA JOSHY
ADV.JAIN JAISON MATHEW
ADV.B.BINDU, CLAP LAWYER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY
HEARD ON 25.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CON.CASE(C) NO. 2338 OF 2023
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A.MUHAMED MUSTAQUE & SOPHY THOMAS, JJ.
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Cont.Case (C) No.2338 of 2023
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Dated this the 31st day of May, 2024
J U D G M E N T
A.Muhamed Mustaque, J.
We interacted with the parties, and the parties, on deliberations, agreed to
the following:
1. Child shall be in the permanent custody of the father, subject to the
following conditions:
a) The child has been brought back to India by the father, and he shall be with
the mother until 5/7/2024.
b) On that day, the child shall be handed over to the father.
c) Father will take the child to Abu Dhabi.
d) The mother shall apply for the transfer certificate and other documents to
enable the child to be enrolled in Abu Dhabi.
e) While the child is in the custody of the mother till 5/7/2024, the father is
permitted to contact the child every Saturday between 7 pm to 7.30 pm.
CON.CASE(C) NO. 2338 OF 2023
f) While the child is in the custody of the father, the mother is permitted to
make a call at any time she wishes to contact the child.
g) During every annual vacation, the child shall be handed over to the mother
for a period of four weeks. The aforementioned conditions will apply
regarding contacting the child while handing over the child to the mother
during vacation.
h) In every alternate Christmas holidays, the child shall be brought to India to
handover custody to the mother. The first of such custody shall be given in
the year 2025. The child shall be handed over through the office of CLAP
Lawyer.
i) If there is any dispute between the parties regarding the terms and
conditions as above, they are free to contact CLAP Lawyer as well.
The Contempt Case is disposed of as above.
We appreciate the service rendered by CLAP Lawyer Smt. B. Bindu.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SOPHY THOMAS, JUDGE
ms
CON.CASE(C) NO. 2338 OF 2023
APPENDIX OF CON.CASE(C) 2338/2023
PETITIONER ANNEXURES
Annexure I CERTIFIED COPY OF THE JUDGMENT DATED
16.08.2023 IN O.P(FC) NO. 355 OF 2023
Annexure II TRUE COPY OF THE SCREENSHOTS FROM THE
PETITIONER'S CALL HISTORY DATED NIL
Annexure III TRUE COPY OF SCREENSHOTS FROM THE
PETITIONER'S WHATSAPP CHAT DATED NIL
Annexure IV TRUE COPY OF SCREENSHOTS FROM THE
PETITIONER'S ZOOM APP DATED NIL
Annexure V TRUE COPY OF THE ORDER DATED 17-12-2021 IN
CON.CASE(C).NO.1934/2021 IN
