Kerala High Court
Maria Babu vs Jerin James on 13 September, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
O.P.(FC) NO.576 OF 2024 1
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
O.P.(FC) NO.576 OF 2024
AGAINST THE ORDER DATED 05.09.2024 IN I.A.NO.8 OF
2024 IN O.P.NO.3259 OF 2021 OF FAMILY COURT, ERNAKULAM
PETITIONER/RESPONDENT IN I.A. & O.P:
MARIA BABU, AGED 31 YEARS, D/O.BABU A.P,
AVALAKOTTIL (H), THIRUVANIYOIR P.O PUTHENCRUZ,
ERNAKULAM, PIN - 682308
BY ADVS.
T.M.RAMAN KARTHA
MANJULA NAIR
REVATHY M.A.
GREESHMA T.G.
RESPONDENT/PETITIONER IN I.A. & O.P:
KANNETHJERIN JAMES, AGED 33 YEARS, S/O JAMES K.V,
KANNETH HOUSE, GANDHIPURAM, MARKET ROAD,
THRIPUNITHURA P.O, ERNAKULAM, KOCHI-682301
REPRESENTED BY HIS POA JAMES K.V, S/O KK
VARGHESE, KANNETH HOUSE, GANDHIPURAM, MARKET
ROAD, THRIPUNITHURA P.O, ERNAKULAM, KOCHI,
PIN - 682301
BY SRI.VARGHESE K PAUL
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(FC) NO.576 OF 2024 2
JUDGMENT
Devan Ramachandran, J.
Even though the petitioner assails Ext.P7, when this
matter was called today, his learned Counsel -
Sri.T.M.Raman Kartha, submitted that, as of now, his client
is concerned only because his child of 3½ of years has been
asked to be given in interim custody to the respondent -
father for five days, during Onam. He conceded that as per
the order, the child is required to be given such custody for
the first four days of Onam and Christmas vacations and for
the first ten days of summer vacation; but that, as matters
now stand, he is concerned about the overnight
arrangement because, she is very temperamental and
sometimes can go into tantrums, particularly, during nights.
He, therefore, offered that, as of now, his client will not
seek Ext.P7 to be set aside; but that the custody ordered
therein for the ensuing Onam, be confined from 9 am in the
morning till 8 pm in the night.
2. Sri.Varghese K.Paul - learned Counsel for the
respondent, initially resisted the afore suggestion
contending that the father also has right of the overnight
custody of the child; but then conceded that, since he will
be here only up to 18.09.2024, he be given such custody
not for five days, but until 17th night.
3. Sri.T.M.Raman Kartha - learned Counsel for the
petitioner, did not oppose this.
4. In the afore circumstances, with the consent of
both sides, we modify Ext.P7, however, solely for Onam this
year; thus directing the petitioner to give interim custody of
the child to the respondent - father, from 9 am everyday till
8 pm, between 14.09.2024 and 17.09.2024 [both days
inclusive].
5. Needless to say, since we have not entered into
the merits of the challenge in Ext.P7, we leave it all open,
should the petitioner find any cause to impel it in future.
Of course, the remedies of the parties to seek any
further relief from the learned Family Court, Ernakulam is
also left open.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
JUDGE
sp/13/09/2024
APPENDIX OF OP (FC) 576/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF OP NO. 3259/2021 FILED BY
THE RESPONDENT BEFORE THE FAMILY COURT,
ERNAKULAM
Exhibit P2 TRUE COPY OF THE OBJECTION FILED IN OP
Exhibit P3 TRUE COPY OF IA NO.8/2024 IN OP
NO.3259/2021 FILED BY THE RESPONDENT
BEFORE THE FAMILY COURT, ERNAKULAM
Exhibit P4 TRUE COPY OF COUNTER AFFIDAVIT FILED BY
THE PETITIONER IN IA NO.8/2024 IN OP
Exhibit P5 TRUE COPY OF IA NO.12/2024 IN OP
NO.3259/2021 FILED BY THE RESPONDENT
BEFORE THE FAMILY COURT, ERNAKULAM
Exhibit P6 TRUE COPY OF COUNTER AFFIDAVIT FILED BY
THE RESPONDENT IN IA NO.12/2024 IN OP
Exhibit P7 TRUE COPY OF COMMON ORDER DT. 5.9.2024
IN IA NO.8/2024 AND IA NO.12/2024 IN OP
NO.3259/2021 OF THE FAMILY COURT
ERNAKULAM
