Kerala High Court

Gregar Mathew vs Neenu K. Jacob on 14 March, 2025

Author: Devan Ramachandran

Bench: Devan Ramachandran

                                            2025:KER:21948


         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

      THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

                            &

       THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA

 FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946

                 OP (FC) NO. 111 OF 2025

     AGAINST THE ORDER/JUDGMENT DATED 22.02.2025 IN OP

NO.44 OF 2024 OF FAMILY COURT,ERNAKULAM

PETITIONER/RESPONDENT IN IA/RESPONDENT IN OP:

         GREGAR MATHEW
         AGED 39 YEARS
         SON OF MATHAI M.J. MANNEPPARAMBIL HOUSE,
         ARAKUNNAM P.O. MULANTHURUTHY VILLAGE, KANAYANNUR
         TALUK ERNAKULAM, PIN - 682313


         BY ADVS.
         BOBY MATHEW
         K.MEERA




RESPONDENT/PETITIONER IN IA/PETITIONER IN OP:

         NEENU K. JACOB
         AGED 32 YEARS
         DAUGHTER OF JACOB K.A KALLOOR HOUSE, KAKKAVAYAL,
         KAKKAD P.O. PUTHUPPADY KOZHIKODE, PIN - 673586


         BY ADVS.
         SHEJI P ABRAHAM
         ABRAHAM JOSEPH(K/003235/2023)
 OP(FC).No.111 of 2025

                                                        2025:KER:21948
                                     2




      THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
14.03.2025,     THE     COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP(FC).No.111 of 2025

                                                2025:KER:21948
                                 3


                           JUDGMENT

Devan Ramachandran,J.

The respondent filed O.P(G&W).No.44/2024 before the

Family Court, Ernakulam, seeking permanent custody of her

seven year old son; and while it was pending, she moved

I.A.No.6/2025, seeking his interim custody.

2. The above mentioned application was allowed

through the impugned order of the learned Family Court,

namely Ext.P5, thus granting the respondent interim custody of

the child; but reserving the petitioner the opportunity to be

with him from 10 A.M on every 1st and 3rd Saturdays, till 5 P.M

on the following Sundays. The Court also made arrangements

for the interim custody of the child during Onam, Christmas

holidays and Summer vacations, by dividing it to half and

offering it to the parents equally.

3. The petitioner - father of the child is before us,

impugning the order.

4. Smt.K.Meera, appearing for the petitioner, argued

that the child has been with the father throughout his life; and

therefore, that disturbing the said position at this stage would

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be deleterious to him. She asserted that there are several

allegations impelled by her client against the respondent;

including that she had abandoned the child for her career to

lead a luxurious life, but that this has been, unfortunately, not

noticed by the learned Family Court properly.

5. In response, however, Sri. Sheji P. Abraham -

appearing for the respondent, argued that the insinuation that

his client had abandoned the child for her luxurious life, is

wholly uncharitable and unfortunate because, she suffered

gravely at her matrimonial home and had to therefore, eke out

her livelihood through an employment, which she could obtain

only abroad. He added that, however, the respondent has now,

solely for the purpose of her son, left her employment abroad

and has taken a house, which is a mere 15 kms away from the

School where he is now studying; and thus prayed that Ext.P5

order be not interdicted.

6. Before we decide the matter, we must say that we

had an interaction with the parties, when they were before us

on 05.03.2025; the record of which is available in the order

extracted as under:

"The parties are before us today along with the

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child.

We find that the child is very comfortable with the mother and has equal affection to the parents. In fact, we allowed the child to be with mother for couple of hours within the court premises for lunch and such other, and we see that the interaction was as it would be in the case of any son and mother.

Both sides, therefore, agree that the child can be with the mother from now, till 6 p.m on Sunday (09.03.2025). The place of exchange for this is agreed to be the Marthoma Church, Mulanthuruthy, from where the father can take back the child on Sunday."

7. Subsequently, Sri. Sheji P. Abraham filed an

affidavit on behalf of his client, disclosing her present

residential address and other credentials; and we see that the

same is on record.

8. We had a further interaction with the parties today,

when they again appeared before us along with the child; and

as we had seen earlier, the latter was very comfortable with

both of them and exhibited no preference at all. However, he

seemed to be sad, perhaps bogged shown by the weight of the

controversy around him; but, when we distracted him with

conversation on other topics, including football - which he said

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he loves dearly- he opened up, talking us that he wants to be

like Ronaldo - the legendary footballer.

9. It is therefore, indubitable that the child has no

issues with either of the parents; and that it is they who are

fighting for his custody for reasons that do not really matter to

him.

10. We, therefore, put it to the parties whether they

are agreeable that the child's time can be shared equally by

them; which was accepted by them, as also by their learned

Counsel, thus leaving it to this Court to make apposite

arrangement.

11. Being the parent in custody, we gave an option to

the petitioner that he can choose either working days or

weekends, to which he said he will take the child from the

school on Friday evenings and drop him back there on the next

Monday morning, to be then picked up that evening by the

mother and held in custody until the morning of Friday, when

she will leave him back to the said school. This was fully

accepted by the respondent; and approved by the learned

Counsel for both sides.

12. As regards the interim custody of the child during

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Onam, Christmas holidays and Summer vacation, it has been

agreed by both sides that, as regards the holidays, the child's

time can be divided equally between the father and mother

during the 1st and the 2nd half of the same respectively; while,

in the case of summer vacation, it can be divided into four

equal blocks - with the 1st one being with the father, the 2nd

with the mother, the 3rd with the father again, and the 4th with

the mother.

13. In view of the afore consent, we dispose of this

Original Petition, modifying Ext.P5 in the following manner:

A) The interim custody of the child, pending the

Original Petition before the learned Family Court, shall be with

the parents in the following manner:

a) The petitioner - father will be entitled to hold

interim custody of the child from the commencement of the

School hours on every Friday and will drop him back in the

school on the next Monday.

b) The mother will be entitled to the child's interim

custody from the time he is left in school as afore on Monday,

until she returns him to the school on Friday morning.

c) If any of these days happen to be a holiday then the

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place of exchange of the child shall be the "Marthoma Church,

Mulanthuruthy", at 4 P.M on Monday and at 10.A.M on Friday,

respectively, as agreed by them.

B) The petitioner - father will be entitled to the interim

custody of the child during the 1 st half of Onam and Christmas

holidays; while the mother will be entitled to the latter half,

both as per the school calendar of the child. For this, the place

of exchange shall be the "Marthoma Church, Mulanthuruthy",

as again acceded by both sides. Coming to the Summer

vacation, again as per the school calendar of the child, it shall

be divided into four blocks - with his custody during the 1 st

block being with the father, the 2 nd with the mother, the 3rd

with the father, and the 4th with the mother again. The place of

exchange for this purpose also shall be the "Marthoma Church,

Mulanthuruthy".