Saroj V. Haridas vs Renju Das And Ors

This original petition was filed challenging the direction issued by the Family Court, Ernakulam in the pending the petition for appointment of a

guardian and permanent custody by father. This Original Petition was filed by the grandmother.

The mother and child are admittedly, residing in Kuwait. The father is also residing at Kuwait. The child came to India along with his maternal

grandmother. The father also came down to India on leave. He intends to go back to Kuwait only in the Month of April, 2021. In the petition for

appointment as the legal guardian, he filed an application for interim custody. That was allowed for a period from 9 a.m. on 15.01.2021 till 5 p.m. on

04.02.2021. It appears that since the child was not handed over as ordered by the Family Court, the Family Court ordered to take the child from the

custody of the grandmother and to handover to the father. At this juncture, the grandmother rushed to this Court with this Original Petition. This Court

on 18.01.2021 passed the following interim order:

“Issue notice to the first respondent by special messenger. Notice to the second respondent is dispensed with.

The petitioner shall also take notice to the first respondent through the counsel appearing before the Family Court, Ernakulam and produce the

acknowledgement Coercive steps pursuant to I.A.Nos.24/2021 and 276/2021 in O.P.No.400/2018 are ordered to be deferred for a period of ten days.

The petitioner along with the child and the first respondent shall appear before this Court on 20.01.2021 at 10.15 a.m. The child shall not be taken to

abroad without leave of this Court.â€​

Thereafter, the child was produced before this Court by grandmother and mother. It appears that, in the meanwhile, the mother has also come

down from Kuwait. Accordingly, this Court on 20.01.2021 passed the following order:

“The petitioner along with the child is present before this Court. The first respondent is also present before this Court. It is submitted that the child

has to leave along with his mother-the second respondent on Friday (22/1/2021) morning to Kuwait. The first respondent is also working in Kuwait.

He has to go to Kuwait in the month of April.

Having considered the facts and circumstances, we are of the view that custody can be given to the first respondent forthwith till tomorrow at 4 p.m.

The first respondent has to present before this Court along with the child at 4 p.m. tomorrow and return the child to the second respondent.â€​

Today, in compliance with the aforesaid order dated 20.1.2021, the first respondent produced the child before this Court and handed over the child

to mother, the second respondent.

The second respondent intends to return to Kuwait along with the child tomorrow. It is submitted that tickets have been booked for both.

In the light of the facts and circumstances, we are not expressing anything in regard to the custody of the child. In view of the fact that the child

needs to go back to Kuwait along with mother where he is studying, we are of the view that the child can be permitted to go abroad along with

mother. The order passed in regard to giving custody for father for a period from 9 a.m. on 15.01.2021 till 5 p.m. on 04.02.2021 is accordingly

modified. It appears that some orders have been passed by the Supreme Court of Kuwait in regard to the matter. Anyway, these are all matters that

has to be gone into by the Family Court. We, therefore, find no reason to retain this matter. The rest of the matters are to be agitated before the

Family Court.

The senior counsel appearing for the first respondent requested for permission to the first respondent to have contact rights till he returns to Kuwait.

We find it appropriate to allow the first respondent to have contact rights thrice in a week (Tuesday, Friday and Saturday between 7 pm and 8 p.m.

of Kuwait time) through electronic medium (Zoom/Google meet) with the child till the first respondent returns to Kuwait.

With liberty to agitate the rights of the parties in regard to guardianship and custody before the Family Court, we dispose of the Original Petition based

on the interim orders, observations and permission granted as above.