IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Mat.Appeal.No. 735 of 2008() ---------------------------- AGAINST THE ORDER DATED 07/04/2008 IN OP 115,116, 117/06 & OP.118/2006 of FAMILY COURT,KOZHIKODE .................... PETITIONER: --------------- CHERIAN KOSHY, KEERIKKATTU HOUSE KATTOORKARA,THIRUVALLA. BY ADV. SRI.T.R.HARIKUMAR SRI.PRASAD CHANDRAN RESPONDENT: --------------- SUSAN CHERIAN, W/O.CHERIAN KOSHY, PATHINETTIL HOUSE, PADUTHODU PO., VENNIKKULAM, PURAMATTOM, MALLAPPALLY. ADV. SRI.V.PHILIP MATHEW THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== MAT. APPEAL NO. 735 OF 2008 ============================ DATED THIS THE 17TH DAY OF JUNE 2009 JUDGMENT Basant,J. This appeal is directed against an order passed by the Family Court in an application for custody filed by the appellant in respect of a child born to him and the respondent herein. The court below permitted the respondent-wife to continue to keep the child in her custody but certain stipulations were made regarding visitorial rights of the appellant in respect of the child during the vacation. Option was given to the parties to apply for modification also. 2. It appears that there is some move between the parties towards the final resolution of all controversies. Decree for divorce granted was upheld and the appeal against the same stands dismissed today as not pressed. The learned counsel for the appellant submits that in addition to the directions/orders of MA. 735/2008 -2- the Family Court, it may also be stipulated that the appellant and his parents, i.e.father and grand-parents of the child can contact the minor child over the telephone. The learned counsel for the respondent does not make any concession. But we are satisfied that such request can certainly be allowed. The child is about 11 years now and we are satisfied that the father and the grand- parents can be permitted to be in contact with the child over telephone. 3. This appeal in these circumstances allowed in part. The impugned order is upheld in all other respects. A further direction is issued that the appellant as well as his parents shall be at liberty to contact the child at the telephone No.9446646018. If there be change in the telephone number, the respondent shall inform the appellant of such change in number. If there be any dispute between the parties about the time and frequency of such contacts, the parties can seek further direction from this Court or the Family Court. We assume that MA. 735/2008 -3- the parties shall be able to work this stipulation to their mental satisfaction. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks.