MINU E. MATHEW Vs. RAKESH JOSE

JUDGEMENT

(1.) These Original Petitions under Article 227 of the Constitution of India are filed by the mother of minor children Jayden Joseph Rakesh, aged 5 years and Jerami Mathew Rakesh, aged 3 years. The petitioner challenges common order dtd. 25/4/2022 of the Family Court, Pala in I.A.No.12 of 2022 in O.P.(G&W) No.574 of 2019, I.A.No.2 of 2021 in O.P.(G&W) No.651 of 2021 and I.A.No.3 of 2022 in O.P.(G&W) No.480 of 2019.

(2.) On 16/6/2022, these Original Petitions were admitted. Notices were ordered to be served on the respondent. Operation of the impugned order was stayed. However, the order of the Family Court dtd. 20/12/2021, which allowed the respondent to have visitation right to the younger child was directed to be continued. As per the order dtd. 20/7/2022 both sides were directed to attend the Ernakulam Mediation Centre on 27/7/2022. Mediation, however, failed.

(3.) The respondent-father filed I.A.No.3 of 2022 in each of these Original Petitions seeking interim custody of the children during Onam holidays. As per the order dtd. 31/8/2022 interim custody of the children was given to the respondent from 2.30 p.m. on 7/9/2022 to 5.00 p.m. on 10/9/2022. The respondent was directed to get custody and return the children at the residence of the petitioner-mother.