2025:KER:28842 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 OP (FC) NO. 184 OF 2025 AGAINST THE ORDER DATED 09.08.2024 IN I.A.1/2024 IN GOP NO.1019 OF 2024 OF FAMILY COURT, ERNAKULAM PETITIONER/RESPONDENT: RAKHI RAJAGOPAL, AGED 35 YEARS, W/O.MADH .V, SREEVALLABHAM,THANIKKAL WEST AVENUE ROAD, NEAR THANNIKKAL LANE,ELAMAKKARA P.O,KOCHI, PIN - 682026 BY ADVS. MANSOOR.B.H. SAKEENA BEEGUM RESPONDENT/PETITIONER: MADHU.V., AGED 44 YEARS, S/O.VIJAYAKUMAR, USHUSWARIAM,USHUS WARIAM, EDATHALA. P.O. ADOOR, PATHANAMTHITTA, NOW RESIDING AT HOUSE NO.68 A,052,MANDAKKARA ROAD, AYYAPPANKAVU,ERNAKULAM 682018, PIN - 691526 BY ADVS. JOY C. PAUL BOBBY GEORGE(K/262/2000) NOBLE GEORGE(K/002440/2022) RAKHI VIJAYAN(K/000856/2013) REEJO JOHNSON(K/000487/2017) THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28842 OP(FC) 184/25 2 JUDGMENT Devan Ramachandran, J. The petitioner challenges Ext.P3 order of the learned Family Court, Ernakulam, saying that, though she has no objection to the arrangement of interim custody of the child with the respondent as ordered therein, it is necessary that the latter be allowed to attend a ‘Summer Camp’ conducted by an entity by name ‘Oxford International Kindergarten’, as reflected in Ext.P9. She asserts that she has already paid all charges for the said program, as luculent from Ext.P10; and prays that, therefore, she be exempted from handing over the child to the respondent during the period of the program in question, namely from 01.04.2025 till 23.05.2025. 2. In response to the afore submissions of Sri.Mansoor B.H – learned counsel for the petitioner, Sri.Joy C. Paul – learned counsel for the respondent, submitted that the above request of the petitioner is a mere ploy to deny his client the interim custody of his child. He argued that the interim order impugned cannot be 2025:KER:28842 OP(FC) 184/25 3 challenged in this manner, particularly because it has been issued as early as on 09.08.2024, without any objection having been raised; and further that the factum of the petitioner having unilaterally admitted the child to the ‘Summer Camp’ from 01.04.2025 till 23.05.2025, would render it limpid that her intentions are to ensure that his client does not obtain custody over the child. He concluded his submissions saying that, if the child is interested in going to the ‘Summer Camp’ – which he asserted that the child was not – his client will drop and collect him back from there, as the place is very close to his residence. 3. However, after saying as afore, Sri.Joy C. Paul made a submission that there is a ritual happening in the family Temple of his client from 02.04.2025 till 10.04.2025; and that he intends to take the child there during the said period. He prayed that this liberty be reserved to his client. 4. We have examined the order under challenge and, as rightly argued by Sri.Joy C. Paul, the learned Family Court has 2025:KER:28842 OP(FC) 184/25 4 granted interim custody of the child to the respondent during the first fifteen days of April and that of May 2025. This means from 01.04.2025 to 15.04.2025 and from 01.05.2025 till 15.05.2025, and it surely coincides with the ‘Summer Camp’ scheduled as mentioned in Ext.P9. Obviously, therefore, we cannot allow the application of the petitioner to exempt the child from being given to the respondent for this reason. 5. That said, if the child is interested in the ‘Summer Camp’, we see no reason why the respondent will not take him there and allow him to participate in it, particularly when it is admitted by both sides that he is living very close to the place where the said Camp is being conducted. In the afore circumstances, we dismiss this Original Petition without intervening with the impugned order; however, recording the undertaking of the learned counsel for the respondent that his client will make sure that the child attends the ‘Summer Camp’ everyday, when he is with him in interim custody as per the 2025:KER:28842 OP(FC) 184/25 5 impugned order, except between 02.04.2025 and 10.04.2025. After we dictated this part of the judgment, Sri.B.H.Mansoor requested that his client be allowed to talk to the child everyday, as long as he is with the respondent. This was accepted by Sri.Joy C. Paul and submitted that he has handed over the number of his client to Sri.B.H.Mansoor for such purpose. Therefore, in addition, we order that the petitioner-mother will be at liberty to talk to the child everyday during the time when he is in the interim custody of the respondent-father, between 7 P.M. to 8 P.M., through phone/internet call, in the number given to her, as said above. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B. SNEHALATHA JUDGE RR 2025:KER:28842 OP(FC) 184/25 6 APPENDIX OF OP (FC) 184/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF I.A .NO.1/2024 IN G.O.P. NO.1019 OF 2024 ON THE FILES OF FAMILY COURT, ERNAKULAM FILED BY THE RESPONDENT HEREIN FOR INTERIM CUSTODY OF THE MINOR SON Exhibit P2 TRUE COPY OF THE COUNTER IN I.A. NO.1/2024 IN G.O.P.NO.1019 OF 2024ON THE FILES OF FAMILY COURT, ERNAKULAM Exhibit P3 TRUE COPY OF THE ORDER DATED 9.8.2024 IN I.A. NO.1/2024 IN G.O.P. NO.1019 OF 2024 OF THE FAMILY COURT, ERNAKULAM Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 13.9.2024 IN O.P. (FC) NO,583 OF 2024 ON THE FILES OF THE HON’BLE HIGH COURT OF KERALA Exhibit P5 TRUE COPY OF I.A.NO.5/2024 IN G.O.P. NO.1019 OF 2024 OF THE FAMILY COURT, ERNAKULAM Exhibit P6 TRUE COPY OF COUNTER AFFIDAVIT IN I.A.NO.5 OF 2024 IN G.O.P.NO. 1019 OF 2024 OF THE FAMILY COURT, ERNAKULAM Exhibit P7 TRUE COPY OF THE ORDER DATED 18.12.2024 IN I.A.NO.5/2024 IN G.O.P. NO.1019 OF 2024OF THE FAMILY COURT, ERNAKULAM Exhibit P8 TRUECOPY OF THE JUDGMENT DATED 6/1/2025 IN O.P (F.C).NO.801/2024 OF THIS HON’BLE COURT Exhibit P9 TRUE COPY OF THE BROCHURE OF OXFORD INTERNATIONAL KINDERGARTEN Exhibit P10 TRUE COPY OF THE FEE RECEIPT DATED 2025:KER:28842 OP(FC) 184/25 7 22/3/2025 ISSUED BY THE OXFORD INTERNATIONAL KINDERGARTEN