Extracted from the PDF above. The PDF is authoritative.
2025:KER:26488 CON.CASE(C) NO. 378 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 CON.CASE(C) NO. 378 OF 2025 AGAINST THE JUDGMENT DATED 11.11.2024 IN OP (FC) NO.657 OF 2024 OF HIGH COURT OF KERALA PETITIONERS: 1 R VIJAYAKUMAR AGED 63 YEARS S/O P.RAJAGOPALA KURUP, RESIDING AT SREEVILASAM, PARANTHAL P.O, PANDALAM, THEKKEKKARA, PATHANAMTHITTA, PIN - 689501 2 JALAJA S AGED 53 YEARS, W/O VIJAYAKUMAR, RESIDING AT SREEVILASAM, PARANTHAL P.O, PANDALAM, THEKKEKKARA, PATHANAMTHITTA, PIN - 689501 BY ADVS. S.K.ADHITHYAN REUBEN CHARLY SHAHINA NOUSHAD VYSHNAV S. NAIR RESPONDENT:
MANESH M AGED 41 YEARS
2025:KER:26488 CON.CASE(C) NO. 378 OF 2025 2 S/O B MURALEEDHARAN PILLAI, RESIDING AT SUKRITHAM KUTTIKKADU, KATTAYIKKONAM, AYIROOPPARA, THIRUVANANTHAPURAM., PIN - 69558 BY ADVS.
GOKUL D SUDHAKARAN ANEESHRAJ R.(K/2333/2021) R.RAHMATHULLAH(K/000531/2018) THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:26488 CON.CASE(C) NO. 378 OF 2025 3
JUDGMENT DEVAN RAMACHANDRAN (J) This case has been filed alleging that the respondents are in contempt of the directions in the judgment of this Court in OP(FC)No.657 of 2024.
2. We propose to be very brief in this
order because, we understand that what is at stake is the life of a very young child. 3. Suffice to say, on 11.03.2025, when we heard this matter, we passed the following order. “As an interim arrangement and as agreed by both sides, but without entering into the rival contentions or controversy at this stage, we record the submissions of Sri.Gokul D. Sudhakaran, that his client will bring the child on the next date as fixed in the judgment and in future, if required,
at
the
Lulu
Mall, Thiruvananthapuram. The learned counsel for the petitioners agreed that this arrangement can be experimented with, if considered. We record the afore submission and list, therefore, on 17.03.2025 to report whether the
2025:KER:26488 CON.CASE(C) NO. 378 OF 2025 4 exchange has taken place as ordered in the new venue”. 4. Both parties were present before us, along with the child; and we interacted with them. The child told us that he does not want to go with the grandparents on a regular basis, but that he is open to spending time with them and also talking to them. We, thereupon, allowed the grandparents to take the child for lunch in the forenoon session; and we considered this matter again in the afternoon session. 5. The learned counsel for both sides were ad idem that the child was comfortable with the grandparents. 6. We had a further interaction with the respondent – father of the child, who told us that he has never dissuaded the latter from meeting with, or talking to the grandparents; and that he, in fact, welcomes it. He undertook to encourage the child to do so; and we record this. 2025:KER:26488 CON.CASE(C) NO. 378 OF 2025 5
7. It is thus obvious that the allegations and contra - allegations between the parties are irrelevant now. Obviously, the parties will have to abide by the judgment of this Court implicitly; and we caution them that any further violation will be seen seriously by this Court. 8. As a corollary, we leave liberty to the parties to approach this Court again with fresh cause, if required in future. This Contempt case is closed. Sd/- DEVAN RAMACHANDRAN JUDGE
Sd/- M.B. SNEHALATHA SAS JUDGE
2025:KER:26488 CON.CASE(C) NO. 378 OF 2025 6 APPENDIX OF CON.CASE(C) 378/2025 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE JUDGMENT DATED 11.11.2024 BY THIS HON’BLE COURT IN O.P (FC) NO.
657/2024 Annexure A2 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 2ND RESPONDENT DATED 17.11.2024 Annexure A3 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 17.11.2024 Annexure A4 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 30.11.2024 Annexure A5 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 30.11.2024 Annexure A6 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE DEPUTY SUPERINTENDENT OF POLICE, NEDUMANGAD DATED 02.12.2024 Annexure A7 TRUE COPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED 04.01.2025 Annexure A8 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 04.01.2025