This original petition challenged an order of the Family Court regarding child custody. The Court fixed specific dates in October 2021 for the mother to take and return custody of the minor child through the Family Court premises.
Custody to be given to the mother on 13/10/2021 from 5.00 p.m till 18/10/2021 5.00 p.m. through Family Court premises.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 2ND DAY OF SEPTEMBER 2021 / 11TH BHADRA, 1943 OP (FC) NO. 313 OF 2021
AGAINST THE ORDER DATED 6.5.2021 IN IA 2/2021 IN GOP 10/2015 OF FAMILY COURT, IRINJALAKUDA
PETITIONER/RESPONDENT/PETITIONER IN COURT BELOW:
'X'*
*The name and address of the petitioner occurring in the cause title of the judgment dated 02/09/2021 in OP(FC)No.313/2021, is masked and substituted as 'X' as per the direction issued in the judgment dated 22/12/2022 in W.P. (C).No.26500/2020 and connected cases.
Sd/-
Assistant Registrar
BY ADVS. N.RATHEESH, SMT.SUMA RATHEESH SHRI.SHANKAR RETHEESH
RESPONDENT/PETITIONER/RESPONDENT IN COURT BELOW:
NIMISHA THOMAS, D/O. THOMAS, AGED 34, CHATHEDAM THIRUTHIPPURAM DESOM, CHENNAMANGALAM VILLAGE AND POST, PARAVUR TALUK, ERNAKULAM-683513.
BY ADVS. M.R.VENUGOPAL, DHANYA P.ASHOKAN
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 02.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC).No.313/2021
-:2:-
J U D G M E N T
Dated this the 2nd day of September, 2021
A.Muhamed Mustaque,J.
This Original Petition was filed by the father of the minor child challenging Ext.P5 order of the Family Court, Irinjalakuda. The respondent is the mother and she is working in Spain. As per
the compromise, she is entitled for custody of the child for twenty days annually. As per the interim orders of this court, the mother has been given custody for fifteen days. For this year, she is entitled for custody of the child for five more days.
O.P.(FC).No.313/2021
-:3:-
Hence, with the above direction, the original petition is
disposed of.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To Judge
O.P.(FC).No.313/2021
-:4:-
APPENDIX OF OP (FC) 313/2021
PETITIONER EXHIBITS
| EXHIBIT | P1 | TRUE COPY OF THE SETTLEMENT DATED 21/12/2015 IN GOP NO. 10/2015 OF THE FAMILY COURT, IRINJALAKUDA. |
|---|---|---|
| EXHIBIT | P2 | TRUE COPY OF THE APPLICATION DATED NIL, FILED BY THE RESPONDENT IN APRIL, 2021 AS IA NO.2/2021 IN GOP NO.10/2015 OF THE FAMILY COURT, IRINJALAKUDA. |
| EXHIBIT | P3 | TRUE COPY OF TH AFFIDAVIT DATED 20/04/2021 FILED BY THE POWER OF ATTORNEY OF THE PETITIONER IN IA NO.2/2021 IN GOP NO.10/2015 OF THE FAMILY COURT, IRINJALAKUDA. |
| EXHIBIT | P4 | TRUE COPY OF THE OBJECTION DATED 06/05/2021 FILED BY THE PETITIONER IN IA NO.2/2021 IN GOP NO.10/2015 OF THE FAMILY COURT, IRINJALAKUDA. |
| EXHIBIT | P5 | TRUE COPY OF THE ORDER DATED 06/05/2021 PASSED BY THE FAMILY COURT, IRINJALAKUDA IN IA NO.2/2021 IN GOP NO.10/2015 OF THE FAMILY COURT, IRINJALAKUDA. |
| RESPONDE | NT EXHIBITS | |
| Exhibit | R1(a) | PHOTOGRAPHS OF THE MINOR CHILD TAKEN DURING THE PERIOD OF INTERIM CUSTODY |
1 issue framed by the court
Whether the specific dates and times for the execution of custody orders should be fixed.
X
NIMISHA THOMAS
A.MUHAMED MUSTAQUE
KAUSER EDAPPAGATH THURSDAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
