Geo Davis vs Aleena

Type Court Judgment Court Kerala Decided Apr 25, 2024

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Citation: sooperkanoon.com/1324236
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun,Honourable Mrs. Justice M.B. Snehalatha
Decided On: Apr 25, 2024
Case Number: OP (FC)/271/2024

Parties & Advocates

Appellant / Petitioner

Geo Davis

Respondent

Aleena

Excerpt

.....krishnan(k/617/2011) this op (family court) having come up for admission on 25.04.2024, the court on the same day delivered the following: -2-judgmentdated this the 25th day of april, 2024v.g.arun, j.the original petition is filed challenging the order rejecting the petitioner's application seeking custody of the minor child during summer vacation.2. we heard the learned counsel on either side at length and perused the impugned order.3. we are of the definite opinion thatcustody of the minor child cannot be denied to the petitioner during the entire period of summer vacation only for the reason that the minor has to undergo dance classes. it is to be borne in mind, the father also has equal right over the child and interim custody can be denied only for valid and sustainable reasons. as one month of the summer vacation has already elapsed, we deem -3- it appropriate to grant custody of the child to the father/petitioner for two weeks. the original petition is accordingly disposed of, by directing the child to be handed over to the custody of the petitioner on the coming saturday (27.04.2024) at 11.00 a.m. thereafter, the child shall continue in the custody of the petitioner for a period of two weeks. the petitioner shall return the child to the custody of the respondent/mother at 5.00 p.m. on 11.05.2024. sd/- v.g.arun judge sd/- m.b.snehalatha judge scl/ -4- appendix of op (fc) 271/2024 petitioner exhibits exhibit p1 true copy of the g.o.p.no.486/2023 dated march,2023 of the family court , exhibit p2 true copy of the petition and affidavit of i.a.no.2/2023 in g.o.p.no.486/2023 dated 28.02.2023 of the family court , irinjalakuda exhibit p3 true copy of the counter dated ia 2 / 2023 in gop 486 / 2023 of the family court , irinjalakuda exhibit p4 true copy of the original petitionfiled by the respondent in o.p(f.c).no.458/2023 without exhibit dated 20.07.2023 of this hon'ble courtexhibit p5 true copy of the judgment in o.p(f.c).no.458/2023 dated.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946 OP (FC) NO. 271 OF 2024 AGAINST THE ORDER/JUDGMENT DATED 05.04.2024 IN GOP NO.486 OF 2023 OF FAMILY COURT, IRINJALAKUDA PETITIONER/S: GEO DAVIS AGED 41 YEARS S/O DAVIS, VILLAN VEEDU, KORMALA DESOM, KUTTICHIRA VILLAGE, VELLIKULANGARA P.O, THRISSUR DISTRICT, PIN - 680699 BY ADVS. RAPHAEL THEKKAN CHRISTINE MATHEW RESPONDENT/S: ALEENA AGED 31 YEARS W/O GEO, VILLAN VEEDU, KORMALA DESOM, KUTTICHIRA VILLAGE, THRISSUR NOW RESIDING AT HOUSE NO.16/391 OF CHALAKUDY MUNICIPALITY, CHALAKUDY DESOM, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - BY ADVS. P.K.VARGHESE M.T.SAMEER(K/3346/1999) JERRY MATHEW(K/658/2015) DHANESH V.MADHAVAN(K/298/2006) K.R.ARUN KRISHNAN(K/617/2011) THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 25.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

Dated this the 25th day of April, 2024

V.G.Arun, J.

The original petition is filed challenging the order rejecting the petitioner's application seeking custody of the minor child during summer vacation.

2. We heard the learned Counsel on either side at length and perused the impugned order.

3. We are of the definite opinion that

custody of the minor child cannot be denied to the petitioner during the entire period of summer vacation only for the reason that the minor has to undergo dance classes. It is to be borne in mind, the father also has equal right over the child and interim custody can be denied only for valid and sustainable reasons. As one month of the summer vacation has already elapsed, we deem -3- it appropriate to grant custody of the child to the father/petitioner for two weeks. The original petition is accordingly disposed of, by directing the child to be handed over to the custody of the petitioner on the coming Saturday (27.04.2024) at 11.00 a.m. Thereafter, the child shall continue in the custody of the petitioner for a period of two weeks. The petitioner shall return the child to the custody of the respondent/mother at 5.00 p.m. on 11.05.2024. sd/- V.G.ARUN JUDGE sd/- M.B.SNEHALATHA JUDGE Scl/ -4- APPENDIX OF OP (FC) 271/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE G.O.P.NO.486/2023 DATED MARCH,2023 OF THE FAMILY COURT , Exhibit P2 TRUE COPY OF THE PETITION AND AFFIDAVIT OF I.A.NO.2/2023 IN G.O.P.NO.486/2023 DATED 28.02.2023 OF THE FAMILY COURT , IRINJALAKUDA Exhibit P3 TRUE COPY OF THE COUNTER DATED IA 2 / 2023 IN GOP 486 / 2023 OF THE FAMILY COURT , IRINJALAKUDA Exhibit P4 TRUE COPY OF THE ORIGINAL PETITION

FILED BY THE RESPONDENT IN O.P(F.C).NO.458/2023 WITHOUT EXHIBIT DATED 20.07.2023 OF THIS HON'BLE COURT

Exhibit P5 TRUE COPY OF THE JUDGMENT IN O.P(F.C).NO.458/2023 DATED 05.09.2023 OF THIS HON'BLE COURT Exhibit P6 TRUE COPY OF THE ORDER IN IA NO. 13 / 2023 IN GOP NO. 486 / 2023 OF THE FAMILY COURT , IRINJALAKUDA DATED 19.12.2023. Exhibit P7 TRUE COPY OF THE PETITION IN I.A.NO.15/2024 IN G.O.P.NO.486/2023 DATED 19.03.2024 OF THE FAMILY COURT, Exhibit P8 TRUE COPY OF THE OBJECTION FILED IN I.A.15/2024 IN G.O.P.NO.486/2023 DATED 21.03.2024 OF THE FAMILY COURT ,

Exhibit P9        TRUE   COPY    OF     THE    ORDER    DATED
                  05.04.2024        I.A.NO.15/2024         IN
                  G.O.P.NO.486/2023     ON    THE   FILE   OF

FAMILY COURT, IRINJALAKUDA. -5- RESPONDENT EXHIBITS Exhibit R1 A true copy of the order dated 05.05.2023 in BA No.3044/2023 of this Honourable Court

Same Court & Year Kerala · 2024 Same Parties Geo Davis vs Aleena Same Judge Honourable Mr.Justice V.G.Arun,Honourable Mrs. Justice M.B. S...