High CourtsDivision Bench

Sanal Rajan vs Vismaya Raj

High Court Of Kerala · Decided on 26 June 2023 · Citation: (2023) 06 KL CK 0360

HON’BLE JUDGES
A.Muhamed Mustaque, J · Sophy Thomas, J
ACTS & SECTIONS REFERRED
Code of Civil Procedure, 1908 — Section 151
RESULT
Disposed Of
CASE NUMBER
Original Petition (Family Court) No. 348 Of 2023
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Judgment

8 paragraphs · 205 words

A. Muhamed Mustaque, J

1.

This original petition is filed at the instance of the petitioner-father. He filed an application for interim custody of the child. Ext.P2 is the application, vide I.A No.3 of 2022. He also filed I.A No.10/2023 in G.O.P No.1271 of 2022 for compliance of the earlier oral orders and that was allowed. The said order reads thus:

“This petition is filed u/s.151 of the Civil Procedure Code for the interim custody of minor child.

Both side present. Respondent agrees to give custody of child to petitioner from 4 pm on 2nd and 4th Fridays till 5 pm on ensuing Sundays, take and return from respondent's house.”

2.

According to the learned counsel for the petitioner, without passing orders for interim custody, this order has been passed.

3.

Adv. Sri.Bito N.L entered appearance for the respondents and submits that the petitioner is not in a position to take care of the child and therefore, impugned order has to be justified in such circumstances.

4.

We are of the view that the impugned order shall continue for a period of three months. Thereafter, the Family Court, after hearing both sides, shall pass orders on Ext.P2.

This original petition is disposed of as above.