Kerala High Court
Ratheeshkumar vs Deepthi on 13 September, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
2024:KER:70531
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
OP (FC) NO. 345 OF 2024
AGAINST THE ORDER DATED 20.04.2024 IN I.A.NO.22/2024 IN OP
NO.1343 OF 2021 OF FAMILY COURT, KANNUR
PETITIONER/PETITIONER:
RATHEESHKUMAR, AGED 40 YEARS
S/O.RAVEENDRAN,RATHEESH BHAVAN',
AYINIMOOD, P.O.POTHANCODE
THIRUVANANTHAPURAM DISTRICT,
PIN - 695584
BY ADVS.
REBIN VINCENT GRALAN
DINESH G WARRIER(K/904/2016)
VIMAL VIJAY(K/000214/2018)
RESPONDENT/RESPONDENT:
DEEPTHI, AGED 35 YEARS
D/O K.DAMODARAN,RAMADEEPAM',
COLONY ROAD,THAYINERI,
PAYYANNUR P.O. KANNUR DISTRICT,
PIN - 670307
BY ADV O V MANIPRASAD
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:70531
OP(FC) 345/24
2
JUDGMENT
Devan Ramachandran, J.
The petitioner challenges Exts.P10 and P12 orders, but
concedes that the arrangement of interim custody of his minor
child, as ordered therein, IS now irrelevant because the time
frames have passed. He, however, prays that the child be allowed
to be with him during Onam holidays, commencing from today
(12.09.2024), so that the parental bond can be reinforced.
2. However, the learned counsel for the respondent -
Sri.O.V.Maniprasad, submitted that, though his client has
absolutely no objection in the child spending time with the father
- conceding fully that she is comfortable with him also - she has
a medical problem, which will make it very difficult for her to be
away from her mother during night time. He pointed out to the
medical reports on record, to show us that the child is suffering
from acute bronchial issues, exacerbated by adeno tonsillitis; and
reiterated that, therefore, it will be too dangerous for her to be
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OP(FC) 345/24
away in the night from home, even in the custody of the father.
He then added that the respondent is willing that the child can be
with the father on any day during the Onal holidays, provided he
stays at Payyannur, so that the child will not be traumatized by
travel, nor prejudiced by any climate change or such other
circumstances.
3. In fact, the parties were before us personally today; and
the respondent informed us that she is agreeable to the afore
arrangement.
4. We, therefore, allowed the father to interact with the
child; and saw that they are very comfortable with each other.
The father also acceded to the afore arrangement, however,
praying that his liberties to move the learned Family Court in
future be left open.
In the afore circumstances, with the consent of both sides,
we order this Original Petition, finding any forensic assessment of
Exts.P10 and P12 at this time to be unnecessary; with a
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OP(FC) 345/24
consequential direction that the respondent-mother will allow the
child to be in the interim custody of the father from 10 A.M. till
7 P.M. from 17.09.2024 till 22.09.2024, provided the child is not
taken outside the limits of Payyannur town.
The father, however, will be at full liberty to spend time
with the child at any place he may choose; but, careful of her
health requirements and safety.
Needless to say, every liberty of the parties, to invoke the
jurisdiction of the learned Family Court in future for any further
directions/arrangements, is left open; clarifying that all rival
contentions in that regard are left undecided.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B. SNEHALATHA
JUDGE
RR
2024:KER:70531
OP(FC) 345/24
APPENDIX OF OP (FC) 345/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF ORIGINAL PETITION IN OP
1343/2021 ON THE FILE OF FAMILY COURT
KANNUR
Exhibit P2 CERTIFIED COPY OF JUDGMENT DATED
10.1.2022 IN OP 1343/2021 OF FAMILY COURT
KANNUR
Exhibit P3 CERTIFIED COPY OF DECREE AND COMPROMISE
OF FAMILY COURT KANNUR.
Exhibit P 4 TRUE COPY OF AFFIDAVIT AND PETITION IN IA
2/2022 IN OP1343/2021 ON THE FILE OF
FAMILY COURT KANNUR
Exhibit P5 PHOTOCOPY OF COUNTER FILED BY RESPONDENT
HEREIN IN IA 2/2022 IN OP1343/2021 OF
FAMILY COURT KANNUR
Exhibit P6 PHOTOCOPY OF ORDER AND COMPROMISE
AGREEMENT DATED 18.5.2022 IN IA 2/2022 IN
OP1343/2021 OF FAMILY COURT KANNUR
Exhibit P7 CERTIFIED COPY OF MEDICAL BOARD REPORT
DATED 12.01.2024 EXAMINING WARD KUM.
LAKSHYA RATHEESH
Exhibit P8 TRUE COPY OF AFFIDAVIT IN SUPPORT OF IA
18/2024 IN OP1343/2021 ON THE FILE OF
FAMILY COURT KANNUR
Exhibit P9 PHOTOCOPY OF COUNTER FILED BY RESPONDENT
BEFORE FAMILY COURT KANNUR
Exhibit P 10 PHOTOCOPY OF ORDER DATED 17.2.2024 IN IA
18/2024 IN OP1343/2021 BEFORE FAMILY
COURT KANNUR.
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OP(FC) 345/24
Exhibit P11 PHOTOCOPY OF AFFIDAVIT AND PETITION IN IA
22/2024 IN OP1343/2021 OF FAMILY COURT
KANNUR
Exhibit P12 CERTIFIED COPY OF ORDER DATED 20.04.2024
Annexure A1 A TRUE COPY OF THE DEATH CERTIFICATE OF
THANKAMANI AMMA E. , MOTHER OF RATHEESH
KUMAR/ PETITIONER ISSUED BY THE
POTHENCODE GRAMA PANCHAYATH DT.
05.08.2024
Annexure A2 A TRUE COPY OF THE G-MAIL COMMUNICATION
BETWEEN THE RATHEESH KUMAR / PETITIONER
AND THE DEEPTHI/ RESPONDENT DATED
06.09.2024
