2026 Supreme(Online)(Ker) 75019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
M. Raichel – Appellant
Versus
Rajesh Mathew – Respondent
OP (FC) NO. 769 OF 2026
Important Points
Subject
Family Law - Child Custody and Visitation
Headnote
Issues: Whether the High Court should modify the visitation hours and video call durations fixed by the Family Court.
Legal Category Hierarchy
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family law
-
child custody and visitation
- interim orders and modification
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child custody and visitation
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practice and procedure
- jurisdiction and forum
For the Appellants/Petitioners: George Varghese(Perumpallikuttiyil), Manu Srinath, Nivedita Muchilote, Vinay Varghese Mathai, Alvin K. Anil, Abhiram Manikandhan P.
JUDGMENT
Sathish Ninan, J.
On the application filed by the father for interim custody of the minor child, the Family Court issued the following directions:-
“(1) That the petitioner is granted visitation rights in respect of his minor daughter named Riya Sam Mathew. Accordingly, first respondent shall produce the child once in 2 weeks on a Saturday at st.John's Cathedral Church, Thiruvalla to enable the petitioner to interact with the child in between 02:00 p.m. and 05:00 p.m.
(2) That the petitioner is permitted to make video calls between 07:00 p.m. and 09:00 p.m. every day except the visitation day and that the first respondent shall make arrangements to get access of the child in the video calls.
(3) That the parties shall not employ force or coercion on the child during the exercise of visitation rights.
(4) That the first visitation right is fixed on 26.09.2026 and second visitation right on 10.10.2026 at 02:00 p.m. at St.John's Cathedral Church, Thiruvalla.
(5) Advocate Sini PM is appointed as CLAP Lawyer to observe the behaviour of the child during the exercise of the visitation rights on 26.09.2026 at 02:00 p.m and to report before the court which will determine the future course of action by this court.”
2. The mother is before this Court challenging the order. The main reliefs sought in this original petition are:-
“ii. Modify clause (a) of the impugned order by changing the visitation hours from 02.00 p.m. to 05.00 p.m. to 04.30 p.m. to 06.30 p.m. on alternate Saturdays at St.John's Cathedral Church, Thiruvalla;
iii. Modify clause (b) of the impugned order by limiting the video call timings to an extent of 30 minutes during weekends and by directing the respondent to personally interact with the minor child during such calls without permitting unnecessary or prolonged mobile phone usage by the child.”
3. The grievance is with regard to the time fixed for exercising the visitation rights and also regarding the duration of the video call facility granted.
4. The above are matters which could very well be brought before the Family Court for consideration. It is for the petitioner to urge it before that Court.
5. Leaving open the rights of the petitioner herein to approach the Family Court, the original petition is closed. It is clarified that, if any application in the above regard is filed before the Family Court, the same shall be considered on its merits with due notice to the opposite side, and appropriate orders be passed on its merits.