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Dhaniraj.T.S vs Simna Ravi

High Court Of Kerala · Decided on 16 May 2023 · Citation: (2023) 05 KL CK 0101

HON’BLE JUDGES
Anil K. Narendran, J · Dr. Kauser Edappagath, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227
RESULT
Disposed Of
CASE NUMBER
Original Petition (Family Court) No. 236 Of 2023
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Judgment

11 paragraphs · 355 words

Dr. Kauser Edappagath, J.

1.

This Original Petition has been filed seeking interim custody of the minor child of the petitioner.

2.

Respondent is the wife of the petitioner. A girl child, presently aged 9 years, was born in the said wedlock. Matrimonial disputes are pending between the petitioner and the respondent. O.P.No.875 of 2021 has been filed before the Family Court, Thrissur seeking custody of the child. It was subsequently transferred to the Family Court, Kunnamkulam and re-numbered as O.P.No.342 of 2023. The petitioner is employed at Dubai and he has come to the native place on leave for 20 days. He moved Ext.P3 application before the Family Court, Kunnamkulam, seeking interim custody of the minor child for a period of one week.

3.

We called for a report from the Family Court, Kunnamkulam. It is reported that at present, there is no Presiding Officer in charge of the Family Court, Kunnamkulam.

4.

The learned counsel for the petitioner submits that the petitioner wants to go back to Dubai on 20.05.2023. Hence it is not possible for the jurisdictional Family Court to dispose of Ext.P3 application before the said date.

5.

The respondent has filed a counter affidavit opposing the application.

6.

We heard both sides.

7.

The petitioner, being the father, has every right to interact with the child. The petitioner has come down to the native place only for a limited period of 20 days. Having considered all these aspects, we are of the view that interim day custody of the child can be given to the petitioner for three days. We are exercising the jurisdiction vested with this Court under Article 227 of the Constitution of India, since the Family Court is not holding sitting at present.

In the result, this Original Petition is disposed of as follows:

(i) The respondent is directed to handover the child to the petitioner on 17th, 18th and 19th of this month at 10:00 a.m., in the premises of the Family Court, Kunnamkulam in the presence of the Chief Ministerial Officer.

(ii) The petitioner shall return the child at 04:00 p.m., on all those days.