Navin Raj vs Smitha Menon on 18 August, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24763 of 2010(R)


1. NAVIN RAJ, AGED 30 YEARS,
                      ...  Petitioner

                        Vs



1. SMITHA MENON, AGED 27 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.T.M.RAMAN KARTHA

                For Respondent  :SRI.N.G.SUNIL

The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :18/08/2010

 O R D E R
                R.BASANT & M.C.HARI RANI, JJ.
                        **********************
                    W.P(C) No.24763 of 2010
                         *********************
               Dated this the 18th day of August, 2010

                            JUDGMENT

BASANT, J.

Petitioner is the father of a female minor child, aged 2 =

years. The respondent is the mother of the child. The father has

filed an application under the Guardian and Wards Act for

custody of the child. In that application he has filed an I.A for

interim custody. The prayer stands allowed in part now and the

petitioner/father is permitted to have access to the child in the

premises of the court from 2 p.m to 4 p.m on the second and

fourth Saturdays of all English calendar months. The petitioner

has come to this Court with a prayer that the time slot allowed to

him may be altered as the same is found to be inconvenient now.

On this small issue, there has been a lot of litigation between the

parties. We have heard both sides. We are informed that the

O.P filed under the Guardian and Wards Act already stands listed

for trial. Orders are expected expeditiously in such proceedings,

it is submitted.

W.P(C) No.24763 of 2010 2

2. Be that as it may, we find the request of the

petitioner/father to be legitimate. Accordingly we modify the

interim orders relating to custody of the child and issue the

following modified directions:

i) The petitioner/father shall be permitted to have

access to the child between 10 a.m and 2 p.m on the first and

third Saturdays of all English calendar months;

ii) Such access shall be at the Family Court, Ernakulam

and the petitioner shall not be permitted to take the child out of

the premises of the Family Court;

iii) While the petitioner has interactions with the child, it

is directed that the respondent shall not in any way interfere in

the interactions between the child and the father;

iv) It is further directed that for every such visit, an

amount of Rs.250/- (Rupees Two hundred and fifty only) shall be

paid in advance by the petitioner to the respondent. An amount

of Rs.250/- (Rupees Two hundred and fifty only), being the

expense payable for the next visit, is paid by the learned counsel

for the petitioner to the learned counsel for the respondent

straightaway;

W.P(C) No.24763 of 2010 3

v) Hereafter when the father has interactions with the

child at the Family Court, an amount of Rs.250/- (Rupees Two

hundred and fifty only) for the next visit shall be paid by the

petitioner to the respondent. If such amount is not paid, the

respondent shall not be liable to get the child to the Family

Court.

3. This Writ Petition is accordingly allowed to the above

extent.

(R.BASANT, JUDGE)

(M.C.HARI RANI, JUDGE)
rtr/