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. 3025 of 2011(R) ------------------------------------- OP.446/2011 of FAMILY COURT, MALAPPURAM ............... PETITIONER: SHEKEELA M.V, D/O.THITHEERU UMMA, SHAKEELA MANZIL, MADAMPATH VALAPPIL HOUSE, P.O.VALIYAKUNNU, VALIYAKUNNU AMSOM DESAM, MALAPPURAM DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENTS: 1. SHAKKEER,40 YEARS, S/O.M.K.MUHAMMADALI, KARUVALIL HOUSE, OLAVATTOOR P.O., PANACHIKAPALLIYALLIL, ERANAD TALUK, OLAVATTOOR AMSOM DESAM, MALAPPURAM DISTRICT-670 004. 2. THE SUB INSPECTOR OF POLICE, VALANCHERRY POLICE STATION, VALANCHERRY, MALAPPURAM DISTRICT-670 001. BY ADV. SRI.JAMSHEED HAFIZ FOR R1 THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN OPFC 3025/2011 EXT. P1 TRUE COPY OF IA.696/2011 EXT. P2 TRUE COPY OF THE ORDER IN IA 696/2011 DT. 15.6.2011 EXT. P3 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE RESPONDENT BEFORE THE COURT BELOW /TRUE COPY/ Thottathil B.Radhakrishnan & C.T.Ravikumar, JJ. ------------------------------------------------------------- O.P.(FC)No.3025 of 2011 R ------------------------------------------------------------- Dated this the 20th day of December, 2011 JUDGMENT Thottathil B.Radhakrishnan J. This original petition is filed challenging Exhibit P4 order whereby the court below has required police assistance to produce the children involved in the case. 2. Petitioner is the wife and first respondent the husband. They have two daughters aged 9 and 4. We do not propose to go deep into the merits of the case because the visitation now provided to the father is only from 11 a.m. to 4 p.m. on the first and last Saturdays of every month. We referred the case for mediation. That failed. We interacted with the petitioner, the first respondent and the children. 3. Whatever be the affinity that a child may develop as a result of its proximity to one parent to the exclusion of the OPFC 3025/2011 2 other, in the long run, it is the duty of both the parents to ensure that the child gets proper access to both the parents. This would generate proper emotional development of the child in the long run. This is an accepted situation world over. In the case in hand, we had interacted with the children. We think that ways and means have to be found out to prompt them to interact better with their father. We have also advised the father to interact with the children in such a manner where he could persuade them to be with him appropriately during the visitation times. We find no reason for the petitioner in not presenting the children before the Counsellor of the Family Court in terms of the directions of the court below. In terms of the order of the Family Court, the petitioner shall present the children before the Counsellor of the Family Court at 11 a.m. on all first and last Saturdays of every month, commencing from December 2011. The first respondent/father shall have the OPFC 3025/2011 3 opportunity to interact with the children from 11 a.m to 4 p.m. to the exclusion of the mother. We are also not happy with the complaint of the father that the mother keeps on, what could be called, 'policing' even during the visitation time. Learned Judge of the Family Court and the Counsellor will ensure that such instances do not happen. 4. With the above, we quash the impugned order and pave way to facilitate action by the parties in terms of what is directed above. We clarify that we have not expressed anything on the rights, if any, of either among the parents to seek modification of the visitation times or for the stretch of the visitation period. Petitioner is directed to take the children to the Counsellor of the Family Court, Malappuram and present them there at 11 a.m. on 31.12.2011, which is the last Saturday for this year. Obviously, the visitation will be in terms of the orders of the Family Court, meaning thereby, the father can take the children from the Family OPFC 3025/2011 4 Court and drop them back at the appointed time. On any failure of the parties to comply with these directions, Family Court will issue appropriate orders. The original petition is ordered accordingly. (Thottathil B.Radhakrishnan, Judge) (C.T.Ravikumar, Judge) tkv