Kerala High Court
OP (FC)/727/2017 of WALTRINE VANDRICK Vs DORIS KATHERINE FERNANDEZ on 29 December 2017
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 OP (FC).No. 727 of 2017 (R) ---------------------------- (AGAINST THE ORDER IN IA NO.4073/2017 IN GOP NO.922/2017
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE &THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939
OP (FC).No. 727 of 2017 (R) ---------------------------- (AGAINST THE ORDER IN IA NO.4073/2017 IN GOP NO.922/2017 DATED16.2.2017 OF THE FAMILY COURT, ERNAKULAM)
PETITIONER(S)/PETITIONER IN I.A:------------------------------- WALTRINE VANDRICKA2 GARDEN CITY, FERRY TOAD, NORTH KALAMASSERY, PIN - 683 104.
AGED 39 YEARS, S/O. ROBERT VANDRICK
BY ADV. SRI.BLAZE K.JOSE
RESPONDENT(S)/RESPONDENT IN I.A:-------------------------------- DORIS KATHERINE FERNANDEZ AGED 31 YEARS, D/O. LATE DESMOND, HOUSE NO.CC XVII/1737, FERNANDEZ VILLA, MUNDAMVELI P.O, KOCHI - 682 507. R1 BY ADV. SMT.K.MEERA R1 BY ADV. SRI.BOBY MATHEW
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 29-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No. 727 of 2017 (R) ---------------------------- APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 A TRUE COPY OF THE REGISTER OF PETITIONS OFTHOPPUMPADY POLICE STATION NO.59 WITH REGARD TO THE COMPLAINT DATED21.4.2017 GIVEN BY THE RESPONDENT AND ITS SETTLEMENT DATED 22.4.2017.
EXHIBIT P2 A TRUE COPY OF THE EX-PARTE INTERIM INJUNCTION ORDERIN I.A NO.1615/2017 IN G.O.P NO.922 OF 2017 DATED 26.4.2017 OF THEFAMILY COURT, ERNAKULAM.
EXHIBIT P3 PHOTOGRAPHS OF THE PETITIONER VISITING THE CHILDREN ON14.7.2017.
EXHIBIT P4 A TRUE COPY OF THE ORDER IN I.A NO.3045 OF 2017 ING.O.P.NO. 922 OF 8.9.2017 OF THE FAMILY COURT, ERNAKULAM.
EXHIBIT P5 A TRUE COPY OF THE MONEY ORDER RECEIPTS DATED9.10.2017,2.11.2017 & 4.12.2017.
EXHIBIT P6 PHOTOGRAPHS OF THE PETITIONER MEETING THE CHILDREN ATFAMILY COURT PREMISES ON 9.9.2017 AND 10.9.2017.
EXHIBIT P7 A TRUE COPY OF THE ORDER IN I.A NO.4073 OF 2017 ING.OP NO. 922 OF 2017 DATED 16.12.2017 OF THE FAMILY COURT, ERNAKULAM.
RESPONDENT(S)' EXHIBITS NIL
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//True Copy//
PS to Judge
A.M. SHAFFIQUE & ASHOK MENON, JJ.
=========================== OP(FC) No. 727 of 2017
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Dated this, the 29[th] day of December, 2017
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J U D G M E N T
Shaffique, J.
Ext.P7 is under challenge. The petitioner had filed anapplication seeking custody of the minor children for four daysduring Christmas vacation, which has been rejected by the FamilyCourt observing that no such orders were passed during Onamvacation.
2. Learned counsel appearing for the respondent wouldsubmit that respondent has no difficulty in giving the fathertemporary day custody, but it has to be done in the Family Courtpremises.
3. Having heard the learned counsel on either side, we areof the view that the main apprehension expressed by the motheris regarding the night custody of the minor children. In that event,the issue can be resolved by issuing the following directions:- Rp
(i) That the custody of the minor children shall be given by the respondent to thepetitioner from 30/12/2017 to 2/1/2018.
(ii) The children shall be handed over every day at 10 a.m and shall be returned on thesame day at 5.00 p.m.
(iii) The above process shall continue until 2/1/2018.
4. Ext.P7 shall stand modified accordingly.
OP(FC) is closed.
Sd/-
A.M. SHAFFIQUE, JUDGE
Sd/-
ASHOK MENON, JUDGE
//True Copy//
PS to Judge