NISHA K PILLAI Vs. RECHU RAJAN DANIEL

JUDGEMENT

(1.) The above original petition is filed invoking the supervisory jurisdiction vested to this Court under Article 227 of the Constitution of India, challenging the orders passed by the Family Court, Ernakulam in I.A. Nos. 3744/2017 and 3490/2018 in O.P. No. 2100/2017.

(2.) The original petition before the Family Court was filed by the respondent herein seeking permanent custody of the minor child of the parties, named Miss. Mireille Susan Daniel. The respondent filed I.A. No. 3744/2017 seeking interim custody of the child during pendency of the original petition. In Ext.P3 order, the Family court had allowed interim custody of the child to the respondent during Onam, X-mas and summer vacations. It was clarified that, if the petitioner herein is also available in Kerala during the vacations, then the custody shall be shared equally between the parties. The court further insisted that, whenever custody of the child is to be given each other, the party shall be personally present before the court along with the child. The Family Court also insisted that the child shall not be removed out side India, without written permission of the court. The Family Court had also insisted various other conditions with respect to the care and protection of the child while in custody of the parties, based on the said order passed.

(3.) When Ext.P3 order was in force, the respondent again filed I.A. No. 3490/2018 seeking leave of the court to take the minor child to Dubai during Onam holidays, from 17.8.2018 to 29.8.2018. The Family court passed an order in the said application, finding that the child can be given custody to the respondent herein during Onam holidays with permission to take her abroad from 18.8.2018 to 29.8.2018. Such a finding was arrived based on the conclusion that the petitioner herein has no plan to be here during the Onam holidays. The petitioner herein was directed to produce the original passport of the child before the Family court on 17.8.2018.