Sunny Thengumpallil Mathew vs Regional Passport Officer
2024 Latest Caselaw 32849 Ker

Citation : 2024 Latest Caselaw 32849 Ker
Judgement Date : 13 November, 2024

Kerala High Court

Sunny Thengumpallil Mathew vs Regional Passport Officer on 13 November, 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 MR.JUSTICE P. KRISHNA KUMAR
       Wednesday, the 13th day of November 2024 / 22nd Karthika, 1946
                             WA NO. 1501 OF 2024
    AGAINST JUDGMENT DATED 03.09.2024 IN WP(C) 43205/2023 OF THIS COURT
APPELLANT(S)/PETITIONER:

     SUNNY THENGUMPALLIL MATHEW, AGED 72 YEARS, S/O. MATHEW,
     THENGUMPALLIL HOUSE, MANJOOR P.O., KOTTAYAM DISTRICT, PIN - 686603

BY ADVS.M/S.JOHN VARGHESE & P.M.JOSEPH

RESPONDENT(S)/RESPONDENTS:

  1. REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE,COCHIN,
     PANAMPILLY NAGAR P.O.,COCHIN, PIN - 682036
  2. STATION HOUSE OFFICER, KADUTHURUTHY POLICE STATION, KADUTHURUTHY
     P.O.,KOTTAYAM DISTRICT, PIN - 686636
  3. MANU PETER, S/O. PETER, EYEKKARADATHIL HOUSE, MOOZHIKULANGARA P.O.,
     KOTTAYAM DISTRICT, PIN - 686601,REPRESENTED HIS POWER OF ATTORNEY
     HOLDER,PETER, S/O. SEBASTIAN, EYEKKARADATHIL HOUSE, MOOZHIKULANGARA
     P.O., KOTTAYAM DISTRICT, PIN - 686601

BY GOVERNMENT PLEADER FOR R2

ADV.G.VIDYA(B/O)

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay all further proceedings pursuant to the judgment dated 03-09-2024
in W.P. (c) No. 43205/2023 of the learned single judge of this Hon'ble
Court, pending disposal of the above appeal, in the interests of justice.
     This Writ Appeal again coming on for orders on 13/11/2024, upon
perusing the appeal memorandum and this court's order dated 17/10/2024,
the court on the same day passed the following:
         A.MUHAMED MUSTAQUE & P.KRISHNA KUMAR, JJ
      --------------------------------------------------------------
                          WA No.1501 of 2024
                        ----------------------------
              Dated this the 13th day of November, 2024


                               ORDER

A.Muhamed Mustaque.J

We interacted with the parties. Based on the

interaction and the submissions of the learned counsel appearing

for both the parties, we find that following solutions can be

arrived at for the time being:-

(1) The appellant and her daughter Nimmi, who came online

agreed to withdraw MC No.5/2023 pending before the Judicial

First Class Magistrate Court, Vaikom. It shall be done within a

week.

(2) The father of the child, namely, the third respondent who

also came online agreed to hand over the passport in favour of

the child, Ethen Peter Manu. It shall be done within a period of

three weeks through the counsel appearing before this Court.

(3) The mother agreed to hand over the custody of the child to

the father during the child's summer holidays in Qatar for a

maximum period of 30 days. The father will take custody of the

child from Qatar and return the child to the mother in Qatar. The

date of taking the child and return of the child shall be fixed by

the intervener in this matter, Adv.G.Vidya.

(4) The mother shall permit interaction with the child by

grandparents and the third respondent Manu Peter on every

Sunday between 8.30 p.m. and 9.30 p.m. (IST).