High Court dismissed the petitioner's challenge to a Family Court order granting interim custody to the father on Saturdays, holding it legal and directing any changes to be intimated in advance.
Petitioner requested in Family Court to hand over custody on Sundays instead of Saturdays.
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 MRS. JUSTICE SOPHY THOMAS
TUESDAY, THE 5TH DAY OF JULY 2022 / 14TH ASHADHA, 1944
OP (FC) NO. 516 OF 2021
OP 1295/2019 OF FAMILY COURT, KOTTAYAM AT ETTUMANNOOR
PETITIONER:
MANUJA P. JOSE @ MANUJA PAZHUKKATHARA JOSE AGED 32 YEARS, D/O. JOSEPH, PAZHUKKATHARA HOUSE, KANJIRATHANAM (P.O), OMALLOOR KARA, KOTHANALLOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT-686 603.
BY ADVS. C.AJITH KUMAR P.PREETHA
RESPONDENTS:
S/O. BENEDICT, OZHUKAYIL HOUSE, ETTUMANNOOR (P.O), PADINJATTUMBHAGOM KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM TALUK AND DISRICT-686 631.
W/O. BENEDICT, OZHUKAYIL HOUSE, ETTUMANNOOR (P.O), PADINJATTUMBHAGOM KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM TALUK AND DISTRICT-686 631.
BY ADV JAWAHAR JOSE
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 05.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(FC)No.516 OF 2021 2
JUDGMENT
A.Muhamed Mustaque, J.
This original petition is filed by the petitioner, who is the mother of two minor children born in the wedlock of the 1st respondent. The petitioner challenges an order passed by the Family Court, Kottayam at Ettumanoor, giving interim custody of the children to the respondents herein on every Saturday from 9.00 a.m. to 5.00 p.m.
OP(FC)No.516 OF 2021 3
on Sunday. However, such change shall be intimated to the
father in advance. Parties are free to agitate all other contentions before the Family Court.
This original petition is disposed of with the above said direction.
Sd/- A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SOPHY THOMAS, JUDGE
DSV/05.07.2022
OP(FC)No.516 OF 2021 4
APPENDIX OF OP (FC) 516/2021
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE ORIGINAL PETITION FIELD AS O.P.NO.1295/2019 ON THE FILES OF FAMILY COURT, KOTTAYAM AT ETTUMANNOOR DATED 15.10.19. Exhibit P2 TRUE COPY OF THE I.A.1/2020 IN EXT.P1 FILED BY THE RESPONDENTS ON 11.3.2020. Exhibit P3 TRUE COPY OF THE OBJECTION DATED 15.3.2021 FILED BY THE PETITIONER TO EXT.P2. Exhibit P4 CERTIFIED COPY OF THE ORDER DATED 1.9.2021 PASSED BY THE FAMILY COURT, ETTUMANNOOR.
RESPONDENTS' EXHIBITS :
Exhibit R1(a) TRUE COPY OF THE PHOTOGRAPHS
1 issue framed by the court
Whether the Family Court order granting interim custody on Saturdays is legal and proper when the petitioner claims inconvenience.
MANUJA P. JOSE @ MANUJA PAZHUKKATHARA JOSE
CHRISTIN BENEDICT
ANNAKUTTY
A.MUHAMED MUSTAQUE
SOPHY THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
