IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR WEDNESDAY, THE 12^TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945 OP (FC) NO. 114 OF 2023 AGAINST THE ORDER DATED 07.02.2023 IN I.A.NO.13 OF 2022 IN I.A.NO.2 OF 2022 IN O.P.NO.976 OF 2022 ON THE FILE OF THE FAMILY COURT, PALAKKAD PETITIONER/PETITIONER/PETITIONER:

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SABU GEORGE P.B.KRISHNAN P.B.SUBRAMANYAN RESPONDENT/RESPONDENT/RESPONDENT:

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R.HARISHANKAR SRI.N.N. SUGUNAPALAN (SR) FOR RESPONDENT THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON

12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

P.G.Ajithkumar, J.

The petitioner in O.P.No.976 of 2022 on the file of the Family Court, Palakkad has filed this original petition under Article 227 of the Constitution of India. She filed I.A.No.13 of 2022 in O.P.No.976 of 2022 seeking a modification to the order regarding interim custody of her elder daughter aged 5 years. The Family Court, dismissed that application as per Ext.P6. The petitioner seeks to set aside that order.

2. On 08.03.2023, notice on admission was directed to be served on the respondents. An interim order permitting the petitioner to retain the custody of the child without allowing any visitation right to the respondent was passed for a period of two weeks. Interim order was extended for a further period of two months.

3. Heard the learned counsel appearing for the petitioner and the learned Senior Counsel appeared for the respondent.

4. O.P No.976 of 2022 was filed by the petitioner before the Family Court, Palakkad. She filed I.A. No.2 of 2022 in that original petition. The Family Court as per order dated dated 01.11.2022 issued the following directions regarding interim custody of the child.

“1. The respondent/father is directed to hand over the custody of the minor female child named Ivana Jithu to the petitioner/mother till the disposal of the main petition;

2. The respondent shall produce the minor female child named Ivana Jithu before the C.M.O/in-charge of this court at 10.30 a.m on 05.11.2022 and hand over the child to the C.M.O/in-charge;

3. The C.M.O/in-charge shall take custody of the said minor child and hand over custody to the petitioner/mother forthwith;

4. The petitioner is allowed to have the interaction with the minor children (both) on all 1^st and 4^th Saturdays from 2.30 am to 4.30 p.m till the disposal of the main petition;

5. The petitioner/mother is hereby directed to produce the children before the C.M.O of this court on all 1^st and 4^th Saturdays at 2.30 p.m and shall hand over the custody of the children to the respondent/

father upto 4.30 p.m;

6. The respondent shall handover the custody of the minor children at 4.30 p.m to the petitioner in the presence of the C.M.O/in-charge;

7. The respondent/father shall not cause any annoyance or inconvenience to the children remaining in his custody;

8. The respondent/father shall pay Rs.750/- to the petitioner/mother towards the travelling expense on all the interaction days;

9. The respondent/father is also permitted to interact with the minor children through video call on all Mondays, Thursdays and Sundays from 7 p.m to 7.30 make necessary arrangements for the same in time;

10. It is made clear that the 2^nd child was born only on 05.07.2022. That means, 2^nd child is now aged only 04 months old. So, the respondent/father shall take utmost care and give such a consideration to the said child during the course of his interaction.”

5. Respondent filed O.P.(FC)No.630 of 2022 challenging the said order. This court disposed of O.P.No.630 of 2022 on 16.11.2022. Order of the Family Court dated

01.11.2022 was modified as follows:

“i) The petitioner shall handover custody of the child to the respondent at 10.30 a.m. on 18.11.2022 in the presence of the Chief Ministerial Officer of the Family Court, Palakkad;

ii) The petitioner-father will be gi