Disposed

Rakhi J Pillai, v. Rajeev R.

Kerala HC4 Aug 2023Con.Case(C)/1631/2023

Case brief

AI extract

What is this about?

In a contempt proceeding arising from a matrimonial custody dispute, the Court disposed of the matter without framing issues after mediatory efforts failed. The Court directed the continuation of the existing custody arrangement with a slight modification allowing the mother to collect the child directly from school on Fridays.

What did the court decide?

Disposal of_contempt_case_and_IE.arrangement_continued_with_modification_allowing_mother_to_collect_child_directly_from_school_on_fridays.

Rakhi J Pillai, Vs Rajeev R. — Child Custody and Guardianship | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

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FRIDAY, THE 4^TH DAY OF AUGUST 2023 / 13TH SRAVANA, 1945

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CON.CASE(C) NO. 1631 OF 2023

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AGAINST THE JUDGMENT DATED 6.3.2023 IN W.P.(CRL.).NO.132/2023 OF

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THE HIGH COURT OF KERALA

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PETITIONER/PETITIONER:

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RAKHI J. PILLAI, AGED 32 YEARS, D/O. JANARDHANAN PILLAI, ALELIL PUTHEN VEEDU HOUSE, MALAMEKKARA, PATHANAMTHITTA DISTRICT, PIN – 691523.

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BY ADVS. M/S. GEORGE SEBASTIAN, ARUN LUCKOSE ABRAHAM & PHILIA KOSHY

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RESPONDENTS/RESPONDENTS 1 TO 3:

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1 RAJEEV R., AGED 40 YEARS, PRESENTLY WORKING AS STATION HOUSE OFFICER, KAINADY POLICE STATION, ALAPPUZHA DISTRICT, PIN - 691532

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2 PRASANTH P.S., AGED 42 YEARS, S/O P.S.SOMASHEKHARA KAIMAL, PARAYIL HOUSE, NEELAMPEROOR P.O, ALAPPUZHA, PIN - 686534

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3 SREEKANTH P.S., AGED 45 YEARS, S/O.P.S.SOMASHEKHARA KAIMAL, PARAYIL HOUSE, NEELAMPEROOR P.O, ALAPPUZHA, PIN - 686534

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BY ADV. SRI. MILLU DANDAPANI

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS & C. JAYACHANDRAN, JJ.

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=============================================

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Cont. Case (C) No. 1631 of 2023

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(arising out of the impugned judgment dated 6.3.2023 in W.P.(Crl.) No. 132/2023)

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I. A. No. 1 of 2023 in W. P. (Crl.) No. 132 of 2023 ============================================== Dated this the 4^th day of August, 2023

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JUDGMENT / ORDER

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ALEXANDER THOMAS, J.

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The aforecaptioned Contempt of Court case, Cont.Case (C) No.1631/2023 has been filed by the petitioner in W.P.(Crl.) No. 132/2023 alleging non compliance of the directions and orders passed by this Court, as per Anx-I judgment dated 6.3.2023 in W.P.(Crl.) No. 132/2023 filed by the petitioner herein (wife). As per Anx-I, this Court had rendered the judgment disposing the above W.P.(Crl.) for Habeas Corpus on the basis of mediation agreement arrived at by the parties voluntarily.

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I.A.No.1/2023 in W.P.(Crl.) No. 132/2023 has been filed by the respondent in the W.P.(Crl.) (husband) seeking for modification of the arrangement made in Anx-I judgment on the basis of the earlier mediation agreement only with regard to the issue of custody and not on any other issues.

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When these matters had come up for consideration on the

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..2..

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Cont. Case (C) No. 1631/2023 & I.A.No.1/2023 in W.P.(Crl.) No.132/2023

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previous occasion, both sides suggested that they are prepared to seek further mediatory efforts through the Mediation Centre of this Court and accordingly, as consented by both sides, we had passed an order on 27.7.2023 directing that the earlier Mediator will endeavour for mediation again between the parties. Now both sides would again report before us that the fresh mediation process has failed and that, the earlier arrangement made by this Court as per Anx-I judgment, on the basis of the earlier mediation agreement, may be ordered to continue.

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Smt. Sumathi Dandapani, learned senior counsel instructed by Sri. Millu Dandapani, learned counsel appearing for the respondent-husband would submit that only a slight modification may be made by this Court regarding the actual mode to be adopted by the wife (mother of the child) to take custody of the child from the school on Fridays.

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Accordingly, it is ordered that the arrangement already made by this Court as per Anx-I judgment on the matters relating to custody of the child will continue subject to the minor modification that the petitioner herein (wife/mother of the child) or her authorised representative shall collect the child on every Friday

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..3..

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Cont. Case (C) No. 1631/2023 & I.A.No.1/2023 in W.P.(Crl.) No.132/2023

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evening directly from the school and will return back the child to the school on next Monday morning. If Saturday is a working day for the school, then the mother or her representative should ensure that the child is attending the school on Saturday also. In other words, the mother of the child will have custody of the child after the school hours on Friday evening and should ensure that the child attends the school on Saturday also, if it is a working day and she can have custody of the child till Monday morning and the mother of the child or her representative shall ensure that the child is taken back to the school on Monday morning, before the school hour starts. The school authorities shall also comply with these directions.

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No orders and directions are called for.

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With these observations and directions, the above Contempt of

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Court case as well as I.A. will stand disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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Sd/-

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C. JAYACHANDRAN, JUDGE

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MMG

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APPENDIX OF CON.CASE(C).NO.1631/2023

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PETITIONER'S ANNEXURES:

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ANNEXURE I THE CERTIFIED COPY OF THE JUDGMENT DATED 06.03.2023 IN WP(CRL).132/2023 OF THE HON'BLE COURT

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ANNEXURE II A TRUE COPY OF THE PETITION IN OP(HMA) 917/2023 PENDING BEFORE THE FAMILY COURT ADOOR DATED NIL

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ANNEXURE III A TRUE COPY OF THE LAWYER NOTICE DATED 19.05.2023

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ANNEXURE IV

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A TRUE COPY OF THE ABOVE COMPLAINT DATED 12.07.2023 FILED BY THE PETITIONER BEFORE THE 1 ST RESPONDENT

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RESPONDENTS' ANNEXURES:

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ANNEXURE R2(1) THE PENDRIVE ALONG WITH THE CERTIFICATION UNDER SECTION 65B OF EVIDENCE ACT, 1872 IS PRODUCED BY ME ALONG WITH THIS COUNTER STATEMENT

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ANNEXURE R2 (2) THE WHATSAPP COMMUNICATION BETWEEN MYSELF AND THE PETITIONER FROM MY MOBILE NUMBER TO PETITIONER'S MOBILE NUMBER FROM THE MOBILE NUMBER OF THE PETITIONER +91 9886302343

Rakhi J Pillai, v. Rajeev R.

Case brief

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Rakhi J Pillai, v. Rajeev R.

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