Kerala High Court
Adarsh C.B vs Aswathy Sidharthan on 27 June, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 27TH DAY OF JUNE 2025 / 6TH ASHADHA, 1947
OP (FC) NO. 298 OF 2025
AGAINST THE ORDER DATED 07.05.2025 IN IA No.53/2025 IN
OP(G&W) NO.185 OF 2019 OF FAMILY COURT, CHAVARA
PETITIONER/PETITIONER/PETITIONER:
ADARSH C.B., AGED 46 YEARS
S/O CHANDRA BOSE K., RESIDING AT SANTHI, PADA NORTH,
KARUNAGAPALLY P.O., KOLLAM DISTRICT, PIN - 690518
SMT.UMMUL FIDA
SRI.C.IJLAL
SMT.P.PARVATHY
SHRI.MAJID MUHAMMED K.
SHRI.ANANDU R.
RESPONDENT/RESPONDENT/RESPONDENT:
ASWATHY SIDHARTHAN, AGED 35 YEARS
W/O ADARSH C.B., ASWATHY BHAVANAM, KALLELIBHAGOM MURI,
KALLELIBHAGOM VILLAGE, KALLELIBHAGOM P.O.,
KARUNAGAPPALLY, KOLLAM DISTRICT, PIN - 690519
SMT.SAYUJYA RADHAKRISHNAN
SHRI.K.R.RAJEEV KRISHNAN
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
27.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP (FC) NO. 298 OF 2025
2
JUDGMENT
Devan Ramachandran, J.
The petitioner challenges Ext.P15 order of the learned
Family Court, Chavara, through which, he has been given only
interim custody of his eight-year-old son during the daytime and
that too, within the confines of the Court.
2. Smt.Ummul Fida - appearing for the petitioner, today
conceded that the time duration fixed in Ext.P15 order is now over
and that technically, therefore, the matter may have become
infructuous. She, however, contended that the approach of the
learned Family Court, in not allowing overnight custody of the
child to her client and in ordering visitation within its premises, is
both incorrect and contrary to the judgment of this Court in Indu
v. Thomas @ Manoj [2025 (3) KHC 295]. She thus prayed that this
Court directs the learned Family Court, Chavara, to consider any
further applications to be filed by her client seeking interim
custody of the child and for his overnight custody in its proper
perspective, without being fettered by its view in Ext.P15.
3. Smt.Sayujya Radhakrishnan - appearing for the
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OP (FC) NO. 298 OF 2025
respondent, submitted that this Original Petition is an abuse of
process because, the plea for overnight custody is not tenable on
account of an earlier judgment of the Hon'ble Supreme Court in
SLP No.2437/2023, which has been obtained by the petitioner
himself. She argued that, in any event, since this matter has now
become infructuous, a further declaration by this Court on merits
would be unnecessary; but conceding that the visitation could not
have been arranged within the Court premises, going by Indu
(supra).
4. Before we move on, we record that, in fact, the parties
were present before us along with the child today and we had an
elaborate interaction with them. The child was initially very
reluctant to even talk to the father, much less go to him, but on our
persuasion, he spent over two hours with him within our
Chambers. However, when this matter was called again in the
afternoon, the child was very clear that he wants to go with his
mother and that he does not want to spend time with his father.
5. Since both sides now agree that the time period for
which Ext.P15 order was issued by the learned Family Court has
expired, all we require to verify is whether it was in error in
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OP (FC) NO. 298 OF 2025
allowing the child's visitation by the father within its premises. In
Indu (supra), we have declared it unambiguously that, except in
exceptional circumstances and that too for reasons to be recorded,
exchange of any child between the parents ought not to be done
within Court premises. To that extent, we are in favour with the
submissions of Smt.Ummul Fida.
6. In the afore circumstances, noticing that Ext.P15 has
run its course, we refrain from making any further observations on
merits; however, reminding the learned Family Court, Chavara,
not to allow exchange of children or access to them by their
parents within the Court premises as stipulated by us in Indu
(supra).
This Original Petition is thus disposed of.
Sd/- DEVAN RAMACHANDRAN
JUDGE
Sd/- M.B. SNEHALATHA
JUDGE
stu
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OP (FC) NO. 298 OF 2025
APPENDIX OF OP (FC) 298/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF O.P. (G&W) NO. 185/2019 DATED
05.03.2019, FILED BY THE PETITIONER BEFORE
THE HON'BLE FAMILY COURT, CHAVARA
Exhibit P2 TRUE COPY OF THE OBJECTION DATED 04.04.2021,
FILED BY THE RESPONDENT IN THE ABOVE
ORIGINAL PETITION BEFORE THE HON'BLE FAMILY
COURT, CHAVARA
Exhibit P3 TRUE COPY OF THE ORDER DATED 22.08.2019 IN
I.A.NO.458/2019 IN O.P.(G&W) NO.185/2019 OF
THE HON'BLE FAMILY COURT, CHAVARA
Exhibit P4 A TRUE COPY OF THE ORDER DATED 08.11.2019 IN
I.A. NO. 2018/2019 IN O.P. (G&W) NO.
185/2019 OF THE FAMILY COURT, CHAVARA
Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 21/02/2022
FILED BY THE RESPONDENT AGAINST THE
PETITIONER AND HIS SISTER
Exhibit P6 TRUE COPY OF THE INVESTIGATION REPORT DATED
09/03/2022 OF THE SHO, KARUNAGAPPALLY
Exhibit P7 TRUE COPY OF THE ORDER DATED 08.08.2022 IN
Exhibit P8 TRUE COPY OF THE COMMON ORDER DATED
10.11.2022PASSED IN I.A.NO.7/2020 AND
I.A.NO.22/2021 IN O.P. (G&W) NO.185/2019 ON
THE FILES OF THE FAMILY COURT, CHAVARA
Exhibit P9 TRUE COPY OF THE ORDER DATED 10/01/2022
PASSED BY THE HON'BLE HIGH COURT IN O.P.(FC)
Exhibit P10 TRUE COPY OF THE ORDER DATED 03/10/2023 OF
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OP (FC) NO. 298 OF 2025
THE HON'BLE SUPREME COURT OF INDIA IN SLP(C)
Exhibit P11 TRUE COPY OF THE FINAL ORDER DATED
31/10/2023 OF HON'BLE SUPREME COURT OF INDIA
Exhibit P12 TRUE COPY OF THE ORDER DATED 19/04/2024 IN
MISCELLANEOUS APPLICATION NO. 2614/2023 IN
Exhibit P13 TRUE COPY OF THE I.A.NO.53/2025 DATED
03/04/2025 IN O.P.(G&W) NO.185/2019 FILED BY
THE PETITIONER BEFORE THE HON'BLE FAMILY
COURT, CHAVARA
Exhibit P14 TRUE COPY OF THE OBJECTION DATED 21/04/2025
FILED BY THE RESPONDENT IN THE ABOVE OP
BEFORE THE HON'BLE FAMILY COURT, CHAVARA
Exhibit P15 TRUE COPY OF THE ORDER DATED 07/05/2025 IN
I.A.NO.53/2025 IN O.P. (G&W) NO. 185/2019
FILED BY THE PETITIONER BEFORE THE HON'BLE
FAMILY COURT, CHAVARA
