The High Court modified the Family Court's custody order, granting the father custody of the minor children every Sunday from 10 a.m. to 5 p.m. for four months instead of a weekend only arrangement, allowing the Family Court to revisit the matter later.
Custody of children granted to father every Sunday from 10 a.m. to 5 p.m. for four weeks.
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
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
OP (FC) NO. 404 OF 2023
AGAINST THE ORDER IN I.A.NO.5/2023 IN O.P.NO.780/2022 OF
FAMILY COURT, KOTTAYAM
PETITIONER/RESPONDENT:
CHIPPY ELIZABETH JOHN, AGED 31 YEARS, D/O.OUSEPH JOHN, KUTHIRAVATTATHIL HOUSE, KURISUMMODU (PO), VAZHAPPILLY, CHANGANACHERRY, KOTTAYAM DISTRICT, PIN – 686104.
BY ADV.BINOY VASUDEVAN
RESPONDENT:
EBIN C JOHN, AGED 32 YEARS, S/O.JOHN GEORGE, CHEKKATHADATHIL HOUSE, ATHIRAMPUZHA (PO), KOTTAYAM, PIN – 686562.
BY ADVS.ABRAHAM GEORGE JACOB C.MURALIKRISHNAN (PAYYANUR)(K/145/1997) P.I.RAHEENA(K/283/2015) SHAHNA(K/001380/2023)
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 23.08.2023, ALONG WITH O.P.(FC).475/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC) Nos.404 and 475 of 2023 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945 OP (FC) NO. 475 OF 2023
AGAINST THE ORDER IN I.A.NO.5/2023 IN O.P.NO.780/2022 OF FAMILY COURT, KOTTAYAM
PETITIONER:
EBIN C. JOHN, AGED 34 YEARS, SON OF JOHN GEORGE, AGED 34 YEARS, RESIDING AT CHEKKATHADATHIL HOUSE, ATHIRAMPUZHA P.O., ATHIRAMPUZHA VILLAGE, KOTTAYAM DISTRICT, PIN – 686562.
ABRAHAM GEORGE JACOB C.MURALIKRISHNAN (PAYYANUR) P.I.RAHEENA, SHAHNA
RESPONDENT:
CHIPPY ELIZABETH JOHN, AGED 32 YEARS, DAUGHTER OF OUSEPH JOHN, AGED 32 YEARS, KUTHIRAVATTATHIL HOUSE, KURISUMMOODU P.O., VAZHAPPALLY, CHANGANACHERRY, KOTTAYAM DISTRICT, PIN - 686104
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 23.08.2023, ALONG WITH OP (FC).404/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC) Nos.404 and 475 of 2023 3
JUDGMENT
[OP (FC) Nos.404/2023 & 475/2023]
A.Muhamed Mustaque, J.
The mother and father of the minor children are before us challenging the order of the Family Court, Kottayam at Ettumanoor. In a petition filed by the father, he was given custody of the children only from 9 a.m. on every Second Saturday till 5 p.m. on the following Sunday. This is questioned by the mother on the ground that the father cannot be given overnight custody. The father is also not satisfied with the order stating that he was given custody of the children only from 9 a.m. on every Second Saturday till 5 p.m. on the following Sunday. The eldest child is only three years old and the youngest child is only 1½ years old.
Taking note of the tender age of the children and acknowledging different views of the parties, we are of the view that the father should be given custody of the children on every Sunday from 10 a.m. to 5 p.m. for a period of four months. Thereafter, the Family Court can revisit the order and pass appropriate orders taking note of the circumstances. This arrangement is intended to facilitate the relationship between the father and the children and to foster familiarity especially given
O.P.(FC) Nos.404 and 475 of 2023 4
the strained relationship between the mother and the father. The children shall be handed over and returned from the premises of the Family Court, Kottayam at Ettumanoor. Both parties are also directed to find out the alternative place to handover the children mutually.
The original petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SOPHY THOMAS
JUDGE
ln
O.P.(FC) Nos.404 and 475 of 2023 5
APPENDIX OF OP (FC) NO.475/2023
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF O.P(G&W) 780 OF 2022 OF THE FAMILY COURT KOTTAYAM AT ETTUMANOOR
EXHIBIT P2 TRUE COPY OF THE I A NO. 5/2023 IN O.P(G&W) NO.780/2022 ON THE FILE OF THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR
EXHIBIT P3 TRUE COPY OF THE OBJECTION DATED 02/06/2023 IN IA NO.5/23 IN O.P(G&W) NO.780/2022.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 13/06/2023 IN I A NO.5/2023 IN O.P. NO.780/2022 OF THE FAMILY COURT, KOTTAYAM
O.P.(FC) Nos.404 and 475 of 2023 6
APPENDIX OF OP (FC) NO.404/2023
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF O.P.NO.780/2022 ON THE FILE OF FAMILY COURT, KOTTAYAM AT ETTUMANOOR.
EXHIBIT P2 TRUE COPY OF OP.NO.905/2022 ON THE FILE OF THE FAMILY COURT, KOTTAYAM AT ETTUMANNOOR.
EXHIBIT P3 TRUE COPY OF I.A.NO.05/2023 IN O.P.NO.780/2022 ON THE FILE OF FAMILY COURT, KOTTAYAM AT ETTUMANNOOR.
EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 02.06.2023 IN I.A.NO.05/2023 IN O.P.NO.780/2022 ON THE FILE OF FAMILY COURT, KOTTAYAM AT ETTUMANOOR.
EXHIBIT P5
TRUE COPY OF THE ORDER DATED 13.06.2023 IN I.A.NO.05/2023 IN O.P.NO.780/2022 ON THE FILE OF FAMILY COURT, KOTTAYAM AT ETTUMANOOR.
2 issues framed by the court
Whether the father should be granted overnight custody of minor children given their tender ages.
The appropriate duration and frequency of custody viz. every Sunday from 10 a.m. to 5 p.m. for four months.
Chippy Elizabeth John
Ebin C. John
A.Muhamed Mustaque
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
