IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 OP (FC).No. 4211 of 2011(R) ------------------------------------- OP.5463/2011 of FAMILY COURT, ERNAKULAM .................... PETITIONER: DEENA PAUL, AGED 27 YEARS, D/O M.V.PAULOSE, MANGALATH HOUSE, WEST VENGOLA POST, PERUMBAVOOR. BY ADV. SRI.VIPIN NARAYAN SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT: BIJU JOSEPH, AGED 34 YEARS, S/O JOSEPH VARGHESE, THEKKUMPURAKKAL HOUSE, ONNAM MILE POST, PERUMBAVOOR-683 542. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN OPFC 4211/2011 EXT. P1 TRUE COPY OF THE PETITION IN IA 5463/2011 IN OP 1744/2007 OF THE FAMILY COURT, ERNAKULAM DT. 18.11.2011 EXT. P2 TRUE COPY OF THE COUNTER AFFIDAVIT IN IA 5463/2011 IN OP 1744/2007 OF THE FAMILY COURT, ERNAKULAM DT. 9.12.2011 EXT. P3 TRUE COPY OF THE ORDER IN IA 5463/2011 IN OP 1744/2007 OF THE FAMILY COURT, ERNAKULAM DT. 13.12.2011 EXT. P4 TRUE COPY OF THE PETITION FILED BY THE RESPONDENT BEFORE THE AMILY COURT, ERNAKULAM DT. 19.12.2011 EXT. P5 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE S.I. OF POLICE, PERUMBAVOOR DT. 21.11.2011 EXT. P6 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE PRINCIPAL, SHALEM ENGLISH MEDIUM SCHOOL, W. VENGOLA DT. 22.11.2011 /TRUE COPY/' Thottathil B.Radhakrishnan & C.T.Ravikumar, JJ. ------------------------------------------------------------- O.P.(FC)No.4211 of 2011 R ------------------------------------------------------------- Dated this the 20th day of December, 2011 JUDGMENT Thottathil B.Radhakrishnan J. Petitioner is the mother of a child. Its father is the respondent. There is a litigation between them in the Family Court. The child was produced at 10.30 a.m. before the court below on 13.12.2011. The father, who is in BSF, has come down on holidays. He wants the company of the child. The objection before the Family Court was overnight custody by the father. This opposition was on the ground that the paternal grandfather is a drunkard. The court took note of that objection and ordered that the child will be made available during day times from 10 a.m. till 4 p.m. on 17th, 24th, 26th and 27th December. The child is only in the LKG. Even according to the mother, she did not produce the child on 17.12.2011 in obedience to Exhibit P3 order. OPFC 4211/2011 2 2. Having gone through Exhibit P3 order, we do not find any ground to visit Exhibit P3 in exercise of the power under Article 227 of the Constitution. It is part of the child's right to have equal access to both the parents in cases where it has to face the contingencies of the parents being separated. For the aforesaid reasons, the original petition is dismissed in limine. (Thottathil B.Radhakrishnan, Judge) (C.T.Ravikumar, Judge) tkv