Disposed

Anoj R.V. v. Anuja A.S.

Kerala HC1 Feb 2017OP (FC)/314/2015

Case brief

AI extract

What is this about?

The High Court disposed of a petition challenging an interim custody order by the Family Court. It directed that the interim custody arrangement, which detailed weekend handover times between parents, shall continue during the pendency of the proceedings below, with parties free to seek modification.

What did the court decide?

Interim custody arrangement to continue during pendency of proceedings below; parties at liberty to seek modification.

Anoj R.V. Vs Anuja A.S. — Child Custody and Guardianship | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

¶4

WEDNESDAY, THE 1ST DAY OF FEBRUARY 2017/12TH MAGHA, 1938

¶5

OP (FC).No. 314 of 2015 (R)

¶6

----------------------------------------AGAINST THE ORDER DTED 23.05.2015 IN IA. NO.1179/2015 IN OP(G&W) NO.697/2015 OF FAMILY COURT, TRIVANDRUM)

¶7

PETITIONER/COUNTER PETITIONER(S):

¶8

ANOJ R.V., 31 YEARS, S/O.RADHAKRISHNAN NAIR, SREEVISAKH, NALANCHIRA.P.O., THIRUVANANTHAPURAM.

¶9

BY ADV. SRI.SABU S.KALLARAMOOLA

¶10

RESPONDENT/PETITIONER(S):

¶11

ANUJA A.S., 28 YEARS, D/O.SYAMALA, ATHIRA BHAVAN, VETTINADU, VATTAPARA.P.O., THIRUVANANTHAPURAM, PRESENTLY RESIDING AT CONFIDENTIAL GROUP FLAT, BLOCK NO.C, ROOM NO.806, MENAMKULAM.P.O., KAZHAKOOTTAM, THIRUVANANTHAPURAM-695 005.

¶12

R1 BY ADVS. SRI.KRISHNADAS P. NAIR

¶13

SMT.K.L.SREEKALA SRI.HARIDAS P.NAIR SRI.M.A.VINOD SRI.M.RAJESH KUMAR SMT.G.GIGIMOL SMT.B.SABITHA (DESOM)

¶14

THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 01-02-2017, THE

¶15

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

:2:

¶17

OP (FC).No. 314 of 2015 (R)

¶18

APPENDIX

¶19

PETITIONER(S)' EXHIBITS

¶20

P1: COPY OF PETITION IN OP(G&W)NO.697/2015 OF FAMILY COURT, TRIVANDRUM.

¶21

P2: COPY OF I.A.NO.1179/2015 IN OP(G&W)NO.697/2015 OF FAMILY COURT, TRIVANDRUM.

¶22

P3: COPY OF OBJECTION TO I.A.NO.1179/15 IN OP(G&W)NO.697/2015 OF FAMILY COURT, TRIVANDRUM, FILED BY PETITIONER.

¶23

P4: COPY OF ORDER IN I.A.NO.1179/2015 IN OP(G&W)NO.697/2015 OF FAMILY COURT, TRIVANDRUM.

¶24

P5: COPY OF PETITION IN O.P.NO.1828/14 OF FAMILY COURT, TRIVANDRUM.

¶25

RESPONDENT(S)' EXHIBITS

: NIL

//True Copy//

P.A. to Judge

A.M.SHAFFIQUE & K.RAMAKRISHNAN, JJ.

¶31

Original Petition (F.C.)No.314 of 2015

¶32

Dated this the 1^st day of February, 2017

¶33

JUDGMENT

¶34

K. Ramakrishnan, J

¶35

This original petition has been filed by the petitioner challenging Ext.P4 order declining to grant permanent custody of the child, but only granting custody as on 29^th day of May and also on the fortnight Sundays and allowed to interact with the child for two hours between 11 a.m., to 1.00 noon in the premises of the Court. This order was challenged by the petitioner by filing this petition.

¶36

When considering the matter, this Court by order dated

¶37

30.06.2016 passed an interim order, which reads as follows:

¶38

“The child is produced in Court. Both the petitioner as well as the respondent are present.

¶39

As an interim measure we direct that the custody of the child shall be handed over to the father at 9 a.m. on every Saturday and that the child shall be returned to the mother at 5 p.m. on the following Sunday. The petitioner/father shall receive the child from the residence of the respondent on Saturday morning and shall return the child on the following Sunday to her house at 5 p.m. If the Saturday is a working day, it shall be the responsibility of the petitioner to see that the child goes to school and returns from there, safely.”

¶40

When the application came up for hearing today, both the counsel submitted that, the interim order is being complied with and that is being continued also. So considering the circumstances, we feel that, with the modification of the order passed by the Court below in

¶41

Original Petition (F.C.)No.314 of 2015

¶42

¶43

tune with the interim order, the petition can be disposed of as under:

¶44

The interim arrangement made by this court by an interim

¶45

order dated 30.06.2016 shall continue during the pendency of the proceedings in the Court below.

¶46

The parties are at liberty to move the family Court, if any modification is required.

¶47

If such an application is filed, it is for that Court to pass appropriate orders.

¶48

With the above modification, the original petition is disposed of.

¶49

Registry is directed to communicate this judgment to the court

¶50

below at the earliest.

¶51

Sd/-

¶52

Sd/- (K. Ramakrishnan, Judge)

¶53

//True Copy//

¶54

P.A. to Judge

¶55

Anoj R.V. v. Anuja A.S.

Case brief

What is this about?

What did the court decide?

Anoj R.V. v. Anuja A.S.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sukumaran Vs Shyamala

Moushmi Krishna Vs Kundayil Surendranath Sreenath

Jini Vs Jithesh

Rajkumar Nair Vs V.V. Jaya

A.Narayanan Vs a.R.Sivakala

Abdul Gafoor Vs Sajeena