IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 OP (FC).No. 2509 of 2011(R) ----------------------------------- OP.1981/2010 of FAMILY COURT,THRISSUR .................... PETITIONER -------------------- CHITHIRA, D/O. MULLASSERRY SOBHANA, MULLASSERRY HOUSE, EDAKKULAM DESOM AND VILLAGE, MUKUNDAPURAM TALUK. (WRONGLY STATED AS KODUNGALLOOR TALUK). BY ADV. SRI.K.S.BHARATHAN RESPONDENT(S): --------------- JISHUMON, S/O. OLLUKKARAN GOPALAN, POTTA DESOM AND VILLAGE, MUKUNDAPURAM TALUK, PIN-680 688. ADV. SRI.P.B.SAHASRANAMAN THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 12/12/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (FC).No. 2509 of 2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF OP NO. 1981/2010 BEFORE THE FAMILY COURT, THRISSUR, DT. 20.11.2010 P2: COPY OF IA NO. 7909/2010 DT. 20.12.2010 FILED BY THE RESPONDENT P3: JTRUE COPY OF THE OBJECTION DT. 5.2.2011. P4: COPY OF THE ORDER DT. 30.4.2011 BEFORE THE FAMILY COURT, THRISSUR P5: COPY OF IA NO. 3928/2011 DT. 13.6.2011 FILED BY THE RESPONDENT SEEKING MODIFICATION OF EXT. P4 P6: COPY OF OBJECTION DT. 17.6.2011 FILED BY THE PETITIONER P7: COPY OF THE ORDER DT. 27.6.2011 P8: COPY OF THE CERTIFICATE ISSUED BY DR. K. JAYACHANDRAN DT. 9.7.2011 RESPONDENT'S EXHIBITS: R1(A): COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA DT. 7.3.2011 \\TRUE COPY\\ PA TO JUDGE JM Thottathil B.Radhakrishnan & C.T.Ravikumar, JJ. = = = = = = = = = = = = = = = = = = = = = = = = OP(FC).No.2509 of 2011-R = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 12th day of December, 2011. Judgment Thottathil B.Radhakrishnan, J. 1.The victim of this litigation, Sreenandana, a minor born on 10.10.2008, stays with her mother. Her father could visit her from 9.30 a.m. to 1 p.m. on all Saturdays in terms of Ext.P4 order dated 30th April, 2011. Just two months thereafter, on 27th June, 2011, the Court below passed Ext.P7 order by which temporary custody for the father was ordered to be from 9.30 a.m. to 5 p.m. on all Saturdays except second Saturday and from 9.30 a.m. on second Saturday till 10 a.m. on the succeeding Sunday in every month. This enlarged period of visitation by the modification of Ext.P4 order granted on 30.4.2011 does not stand with sufficient reason. We say this because, the child aged 2½ to 3 years, was governed by the order for visitation by the OPFC2509/11 -: 2 :- father only from 9.30 a.m. to 1 p.m. on all Saturdays. In our view, time has not come to have the girl to travel to be with the father, though his case appears to be that he has to travel from Potta to Irinjalakuda to get custody of the child and that travel takes major portion of his time. Nothing that could be called as changed circumstances has emanated from the facts of the case in hand between Exts.P4 and P7 orders. 2.In this original petition filed challenging Ext.P7, an interim order was passed at the stage of admission on 2.8.2011 whereby the operation of Ext.P7 stands stayed and it was ordered that Ext.P4 will govern. 3.We are of the view that there is no change of circumstances between Exts.P4 and P7. It cannot but be held that Ext.P7 is not in the best interest of the minor. It ought not to have been passed. OPFC2509/11 -: 3 :- 4.For the aforesaid reasons, we vacate Ext.P7 order and direct that the situation as of now will be continued in terms of the contents of the interim order granted at the time of admission on 2.8.2011 whereby the terms of Ext.P4 continue to govern parties. We further clarify that this judgment will not stand in the way of either party moving the Court below for further orders in due course, if and when found necessary, having regard to relevant facts and factors disclosing any changed circumstances warranting intervention of the Court to change the present situation relating to custody and visitation. The Original Petition is ordered accordingly. Thottathil B.Radhakrishnan, Judge. C.T.Ravikumar, Judge. Sha/