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Judgment
8 paragraphs · 292 wordsAnil K. Narendran, J
The petitioner has filed this original petition, invoking supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the Family Court, Ernakulam to consider and pass orders on I.A. No.5401 of 2022 in O.P. No.10 of 2020, thereby directing the respondent to comply with the conditions in Ext.P1 mediation agreement dated 21.05.2022.
On 02.09.2022, when this original petition came up for admission, this Court issued notice on admission to the respondent by special messenger, returnable by 06.09.2022.
On 06.09.2022, the respondent entered appearance through counsel and this Court passed an interim order, which reads thus:
“Adv. Vidya G. Nair appears for the respondent.
There will be an interim direction to handover the custody of the child 'Prithivi H. Humble' at 3 pm on 08.09.2022 to the petitioner-mother. She will have the custody of the child till 3 pm on 11.09.2022. Both sides agree that the child will be handed over at the residence of the respondent.”
Today, when this matter is taken up for consideration, it is submitted by the learned counsel for the petitioner that since the petitioner-mother was tested Covid Positive, she could not obtain interim custody in terms of the order of this Court dated 06.09.2022.
Having considered the submissions made by the learned counsel for the petitioner and also the learned counsel for the respondent, we deem it appropriate to dispose of this original petition by directing the respondent-father to handover interim custody of the minor child 'Prithivi H. Humble' at 4.00 pm on 20.09.2022 to the petitioner-mother. She will have the custody of the child till 8.00 am on 22.09.2022. The child will be handed over at the residence of the respondent-father.