The court clarified the enforcement of custody orders and the role of Family Court in addressing interim applications.

J U D G M E N T

Abdul Rehim, J:

The above original petition is filed seeking relief to the extent of directing the Family Court, Kozhikode to consider the interim application filed by him in O.P. No.1275/2018 and to direct the respondents to entrust interim custody of the minor ward to the petitioner, in compliance with Ext.P1 order passed by this court.

2. Exhibit P1 is an order passed by this court reviewing the judgment in Mat. Appeal No.748/2013. By virtue of the said order this court had permitted the petitioner herein to have permanent custody of the minor ward, namely Devananda, aged 13 years. The respondent, who is the father of the child, was permitted with interim custody of the child during holidays of Dussarah, Christmas and annual holidays for specified periods as stipulated in the said order. According to the petitioner he had filed a fresh original petition before the Family Court, Kozhikode as O.P. No.1275/2018, on the basis of substantial changes occurred in the circumstances of the parties, seeking modification with respect to the permanent custody of the child. Along with the said original petition he had filed an interim application seeking directions for ordering interim custody of the child during the 'Christmas Holidays' in the year 2018. Grievance of the petitioner is that, the Family Court is not considering and disposing of the interim application filed along with O.P. No.1275/2018. It is also pointed out that the respondent is flagrantly violating the directions contained in Ext.P1 order passed by this court.

3. We take note of the fact that the relief sought for in the interim application filed along with O.P. No.1275/2018 has now become infructuous, since the 'Christmas Holidays' in 2018 is over by now. If the petitioner has got a grievance that Ext.P1 order of this court is violated by the respondent, he will be at liberty to approach the Family Court, which liberty has already been specifically given by virtue of Ext.P1 order itself. We do not find any ground to presume that, if any such approach is made the Family Court will not consider the same. It is for the Family Court to take appropriate actions to see that the directions contained in Ext.P1 order is implemented in strict terms. The petitioner is also left with liberty to approach the said court in any fresh interim application, seeking interim custody of the minor child. If any such application is filed, the Family Court shall consider and dispose of the same after affording reasonable opportunity to the other side.

4. The above original petition is hereby dismissed as infructuous, subject to the observations and directions contained hereinabove.

Sd/-

C.K.ABDUL REHIM

JUDGE

Sd/-

T.V.ANILKUMAR

JUDGE

AMG

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN RP. NO.693/2017 ON

23.7.2018.

EXHIBIT P2 THE TRUE COPY OF THE OP.NO, 1275/2018 FILED BEFORE THE HON'BLE FAMILY COURT, KOZHIKODE ALONG WITH THE IA. DATED 05.12.2018.

EXHIBIT P3 THE TRUE COPY OF THE LETTER SENT BY THE RESPONDENT DATED 14.10.2018 RESPONDENTS' EXHIBITS

NIL AMG