High CourtsDivision Bench(2021) 01 KL CK 0415

Sandeep S Nair vs State Of Kerala And Ors

High Court Of Kerala · Decided on 19 January 2021

HON’BLE JUDGES
K. Vinod Chandran, J · M.R. Anitha, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Crl) No. 175 Of 2020

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Judgment

14 paragraphs · 236 words

K. Vinod Chandran, J

1.

We see that another Division Bench of this Court had passed an order dated 1.10.2020. The operative portion of which is extracted hereunder:

“a. The petitioner is entitled to have visitation right with Miss Samvrutha S.Nair. The venue is Aranmula Police Station.

b. The time is between 3.00 p.m. and 6.00 p.m. on Saturdays, commencing from 03.10.2020.

c. The petitioner while enjoying the visitation right with his daughter, is directed to get the son, who is in his custody, so that 4th respondent at the same

time gets an opportunity to interact with her son.

d. The petitioner and the 4th respondent are directed not to take or remove the children beyond the jurisdiction of Aranmula Police Station during the

visitation right. The first visitation will commence on 03.10.2020.â€​

2.

The learned Counsel for the petitioner submits that the petitioner, who is the father of the children, is terminally ill, in which event, he approached

this Court and not the Family Court.

3.

In the above circumstance, the order shall be made absolute for a period of one year. If some modification is required, either of the parties can file

a petition to restore the writ petition. However, if either of the parties approaches the Family Court, then our order shall be subject to what is decided

by the Family Court.

The writ petition is disposed of with the above observation.