Allowed

Ebin C. John v. Chippy Elizabeth John

Kerala HC23 Aug 2023OP (FC)/475/2023

Case brief

AI extract

What is this about?

The High Court modified the Family Court's custody order for very young minor children. It replaced a Second Saturday visitation with weekend custody on every Sunday from 10 a.m. to 5 p.m. for four months to foster familiarity, pending future review.

What did the court decide?

Custody granted to respondent from 10 a.m. to 5 p.m. every Sunday for four months; case remanded to Family Court for review thereafter.

Ebin C. John Vs Chippy Elizabeth John — 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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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WEDNESDAY, THE 23^RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945

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OP (FC) NO. 404 OF 2023

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AGAINST THE ORDER IN I.A.NO.5/2023 IN O.P.NO.780/2022 OF

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FAMILY COURT, KOTTAYAM

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PETITIONER/RESPONDENT:

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CHIPPY ELIZABETH JOHN, AGED 31 YEARS, D/O.OUSEPH JOHN, KUTHIRAVATTATHIL HOUSE, KURISUMMODU (PO), VAZHAPPILLY, CHANGANACHERRY, KOTTAYAM DISTRICT, PIN – 686104.

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BY ADV.BINOY VASUDEVAN

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RESPONDENT:

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EBIN C JOHN, AGED 32 YEARS, S/O.JOHN GEORGE, CHEKKATHADATHIL HOUSE, ATHIRAMPUZHA (PO), KOTTAYAM, PIN – 686562.

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BY ADVS.ABRAHAM GEORGE JACOB C.MURALIKRISHNAN (PAYYANUR)(K/145/1997) P.I.RAHEENA(K/283/2015) SHAHNA(K/001380/2023)

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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:

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O.P.(FC) Nos.404 and 475 of 2023 2

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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WEDNESDAY, THE 23^RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945 OP (FC) NO. 475 OF 2023

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AGAINST THE ORDER IN I.A.NO.5/2023 IN O.P.NO.780/2022 OF FAMILY COURT, KOTTAYAM

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PETITIONER:

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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.

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ABRAHAM GEORGE JACOB C.MURALIKRISHNAN (PAYYANUR) P.I.RAHEENA, SHAHNA

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RESPONDENT:

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CHIPPY ELIZABETH JOHN, AGED 32 YEARS, DAUGHTER OF OUSEPH JOHN, AGED 32 YEARS, KUTHIRAVATTATHIL HOUSE, KURISUMMOODU P.O., VAZHAPPALLY, CHANGANACHERRY, KOTTAYAM DISTRICT, PIN - 686104

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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:

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O.P.(FC) Nos.404 and 475 of 2023 3

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JUDGMENT

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[OP (FC) Nos.404/2023 & 475/2023]

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A.Muhamed Mustaque, J.

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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.

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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

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O.P.(FC) Nos.404 and 475 of 2023 4

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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.

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The original petitions are disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

Sd/-

SOPHY THOMAS

JUDGE

O.P.(FC) Nos.404 and 475 of 2023 5

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APPENDIX OF OP (FC) NO.475/2023

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF O.P(G&W) 780 OF 2022 OF THE FAMILY COURT KOTTAYAM AT ETTUMANOOR

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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

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EXHIBIT P3 TRUE COPY OF THE OBJECTION DATED 02/06/2023 IN IA NO.5/23 IN O.P(G&W) NO.780/2022.

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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

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O.P.(FC) Nos.404 and 475 of 2023 6

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APPENDIX OF OP (FC) NO.404/2023

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF O.P.NO.780/2022 ON THE FILE OF FAMILY COURT, KOTTAYAM AT ETTUMANOOR.

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EXHIBIT P2 TRUE COPY OF OP.NO.905/2022 ON THE FILE OF THE FAMILY COURT, KOTTAYAM AT ETTUMANNOOR.

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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.

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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.

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EXHIBIT P5

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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.

Ebin C. John v. Chippy Elizabeth John

Case brief

What is this about?

What did the court decide?

Ebin C. John v. Chippy Elizabeth John

Case brief

What is this about?

What did the court decide?

What the court decided

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