Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944 OP (FC) NO. 325 OF 2022 AGAINST THE ORDER/JUDGMENT IN O.P.(G&W) NO.21/2022 OF FAMILY COURT, KOLLAM PETITIONER/S: NOWFAL KHAN. A., AGED 33 YEARS, S/O.ABDUL LATHEEF, NOWFAL MANZIL, ROYAL NAGAR-62, KALLUMTHAZHAM, KILIKOLLOOR P.O, KOLLOM DISTRICT, PIN - 691004. BINU GEORGE HEMALATHA ARYA UNNIKRISHNAN MANOJ RAJAGOPAL RESPONDENT/S: 1 RASEENA, AGED 31 YEARS, D/O.NOORJAHAN, KADAYIL VEEDU, KUREEPPALLY, PERUMPUZHA P.O, KOLLAM DISTRICT, NOW RESIDING AT ASIYA MANZIL, TKMC.P.O, KOLLAM DISTRICT, PIN - 691005. 2 THE CHAIRMAN, CHILD WELFARE COMMITTEE, GOVERNMENT CHILDREN'S HOME, BEACH ROAD, KOLLAM DISTRICT, PIN - 691001. KIRAN LAL MANILAL SAILAKSHMI MENON(K/1518/2021) THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(FC) No.325/2022 2
JUDGMENT
A.Muhamed Mustaque, J.
This original petition is at the instance of the father. He challenges the common order of the Family Court directing him to handover the minor child to the mother. The mother also had moved an interlocutory application, and it was considered along with the interlocutory application filed by the father. We passed the following order on 22.06.2022:
“We allow the mother to have custody of the child. However, the mother shall handover custody of the child to the father on every Friday at 5.00 p.m. and the father can have custody till Sunday 5.00 p.m. The child shall be handed over and returned from the house of the mother. We direct the CWC, Kollam to supervise the child while in the custody of either of the parties.
Post on 08/07/2022. Coercive steps against the father is ordered to be deferred.”
2. Thereafter, there was an issue regarding the
change of school, where the child is studying. Based on the interaction with the parties, we suggested putting the OP(FC) No.325/2022 3 child in M.E.S. School, which is convenient for both. It is submitted by the mother that the child is now studying in M.E.S.School. We record the said submission. We are of the view that the interim arrangement we made as per the
order dated 22.06.2022 shall continue until further orders
are passed in this matter by the Family Court. The Family Court is given liberty to modify this arrangement for any cogent reason. If not modified by any interlocutory application, it will continue till the disposal of the original petition before the Family Court. The original petition is disposed of as above. A.MUHAMED MUSTAQUE SOPHY THOMAS ln OP(FC) No.325/2022 4 APPENDIX OF OP (FC)NO.325/2022 PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF PETITION IN OP(G&W). NO. KOLLAM. EXHIBIT P2 A TRUE COPY OF IA. NO. 2/2022 IN OP(G&W) NO.21/2022 ON THE FILE OF EXHIBIT P3 A TRUE COPY OF PROCEEDINGS DATED 13.09.2021 OF CHILD WELFARE COMMITTEE, KOLLAM DISTRICT. EXHIBIT P4 A TRUE COPIES OF PHOTOGRAPHS OF THE MINOR CHILD. EXHIBIT P5 A TRUE COPY OF RADIOLOGY BILLING DATED 06.09.2021 OF TRAVANCORE MEDICAL COLLAGE HOSPITAL, KOLLAM. EXHIBIT P6 A TRUE COPY OF OBJECTION IA. NO.2/2022 IN OP(G&W) NO.21/2022 ON THE FILE OF EXHIBIT P7 A TRUE COPY OF I.A.NO.6/2022 IN OP(G&W). NO.21/2022 ON THE FILE OF FAMILY COURT, KOLLAM EXHIBIT P8 A TRUE COPY OF OBJECTION I.A.NO.6/2022 IN O.P.(G&W) NO.21/2022 ON THE FILE OF EXHIBIT P9 CERTIFIED COPY OF COMMON ORDER DATED
09.05.2022 IN IA. NO.2/2022 AND I.A. NO.6/2022 IN O.P.(G&W) NO.21/2022 ON THE FILE OF FAMILY COURT, KOLLAM.