Kerala High Court
Dr.Mrinal S Pillai vs Dr.Athira Mrinal @ Athira Krishnan on 29 July, 2022
Bench: A.Muhamed Mustaque, C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
Friday, the 29th day of July 2022 / 7th Sravana, 1944
OP (FC) NO. 526 OF 2020(R)
OP(G&W) NO.626/2019 OF FAMILY COURT, THIRUVANANTHAPURAM.
PETITIONER/PETITIONER:
DR.MRINAL S.PILLAI, AGED 37 YEARS, S/O.K.S. PILLAI,
MAAMOOTTIL, T.C.3/629, T.K. DIVAKARAN ROAD,
MUTTADA P.O., PIN- 695 025, THIRUVANANTHAPURAM.
RESPONDENT/RESPONDENT:
DR.ATHIRA MRINAL @ ATHIRA KRISHNAN, AGED 32 YEARS,
D/O.SANTHI RADHAKRISHNAN, 'SMRITHI', TC.91607 -1,
SMRA-69, SRK HOSPITAL ROAD, SASTHAMANGALAM P.O.,
THIRUVANANTHAPURAM.
OP (Family Court) praying inter alia that in the circumstances
stated in the affidavit filed along with the OP (FC) the High Court be
pleased to direct the Family Court, Thiruvananthapuram to dispose of IA
No.858/2019 in OP(G&W) 626/2019 within a time frame to be fixed by this
Honourable Court.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of OP (FC) and this Court's judgment
dated 23/03/2021 in OP(FC) No.526/2020 and order dated 24/06/2022 and
upon hearing the arguments of M/S KALEESWARAM RAJ, VARUN C.VIJAY,
A.ARUNA, THULASI K.RAJ & MAITREYI SACHIDANANDA HEGDE, Advocates for the
petitioner, M/S V.K.BALACHANDRAN & DRISHYA K.PRAKASH, Advocates for the
respondent and of ADVOCATE SMT.R. LEELA, the court passed the following:
P.T.O.
A.MUHAMED MUSTAQUE & C.S.DIAS,JJ.
---------------------------
O.P. (FC) Nos.352, 420, 433, 436, 441, 447, 456,
493, 517 and 526 of 2020
&
35, 37, 38, 43, 45, 47, 51, 52, 58, 60, 64, 65, 66, 68,
69, 73, 74, 76, 78 and 89 of 2021
-----------------------------
Dated this the 29th day of July, 2022.
ORDER
A.Muhamed Mustaque and C.S.Dias,JJ.
Read our order dated 24.6.2022.
2. Pursuant to the above order, the Registrar General has placed on board his report dated 21.7.2022. He has reported that in the Family Courts at Chavara, Pathanamthitta, Pala, Irinjalakuda, Palakkad, Kozhikode and Kalpetta, there is a readily available room, to facilitate the parents to exercise their interim custody/visitation rights of their children. Similarly, a separate room can be made available for the above purpose at the Family Courts at the Kollam, Kottarakara, Muvattupuzha, Thrissur, Tirur and O.P. (FC) No.352, 420 of 2020 and connected cases 2 Kasaragode. Likewise, a separate room can be made available on completion of the new buildings for the Family Courts at Mavelikara, Malappuram, Kattappana, Kannur and Vatakara. The proposals for the new buildings for the Family Courts at Thiruvananthapuram, Alappuzha and the court complex Ettumannur are pending consideration. However, at the Family Courts at Attiingal, Nedumangad, Thiruvalla, Thodupuzha, Ernakulam, Ottapalam and Thalassery, there is no space available to provide a separate room for the above purpose.
3. In the light of the above report, the learned Judges of the Family Courts at Chavara, Pathanamthitta, Pala, Irinjalakuda, Palakkad, Kozhikode, Kalpetta, Kollam, Kottarakara, Muvattupuzha, Thrissur, Tirur and Kasaragode, in consultation with the Principal District Judge of the concerned District, shall forthwith take the necessary O.P. (FC) No.352, 420 of 2020 and connected cases 3 steps to dedicate an independent room in the above Family Courts, with a child friendly atmosphere, to facilitate the above purpose. The learned Judges' of the said Family Courts' shall depute a staff for the upkeep of the room and to maintain a register, to record the handing over and return of the children by their parents. The Registrar (District Judiciary) shall issue necessary directions to the above Family Courts, to forthwith implement the order.
4. As regards the Family Courts at Mavelikara, Malappuram Kattappana, Kannur, Vatakara, Thiruvananthapuram, Alappuzha and Ettumannur, instructions shall be issued to the concerned authorities, to provide an independent child friendly room in the proposed buildings under construction.
5. In view of lack of space at the Family Courts at Attingal, Nedumangad, Thiruvalla, Thodupuzha, Ernakulam,Ottappalam and Thalassery, we defer the O.P. (FC) No.352, 420 of 2020 and connected cases 4 proposal of providing an independent room for the time being.
6. It is also brought to our notice that, as per the guidelines issued by this Court in the original petition (Shiju Joy.A v. Nisha) and the connected cases, this Court had directed the CMOs/ authorised officers' to carry out the functions as enumerated in Step-I of the said judgment. But, the CMOs/authorised officers are facing difficulties in implementing the guidelines, due to the absence of Civil Police Officers in the courts.
7. In Karunakar Mahalik v. Union of India and Others [W.P (C) 1422/2019 and SMW (Crl)2/2021], pending before the Hon'ble Supreme Court, we are told that the State of Kerala has filed a counter affidavit, undertaking to provide sufficient security to the Judges and the court premises. Therefore, we are of the view that a Civil Police Officer is to be deputed in all courts, during the court hours, to O.P. (FC) No.352, 420 of 2020 and connected cases 5 ensure the smooth functioning of the courts and to avert any untoward incident or law and order problem. In the said situation, the Registry is directed to hand over a copy of this order to the State Attorney, who shall get the necessary instructions from the concerned Department of the State, to work out the modalities to depute Civil Police Officers in the Courts functioning in the State.
Post after two weeks.
Sd/- A.MUHAMED MUSTAQUE,JUDGE Sd/- C.S.DIAS,JUDGE ma/30.7.2022 29-07-2022 /True Copy/ Assistant Registrar