Dismissed

Priay Subramanya v. Hari Shankar Das

Kerala HC4 Jun 2012OP (FC)/1699/2012

Case brief

AI extract

What is this about?

This judgment is an appeal from an interim custody order of a Family Court in Ernakulam. The High Court held that the Family Court did not err in limiting overnight custody to alternate months and dismissed the appeal, affirming the lower court's discretion.

What did the court decide?

The appeal against the Family Court order granting interim overnight custody in alternate months was dismissed, affirming the lower court's decision.

Priay Subramanya Vs Hari Shankar Das — Child Custody and Guardianship | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 4TH DAY OF JUNE 2012/14TH JYAISHTA 1934 OP (FC).No. 1699 of 2012 (R) ---------------------------IA.NO.826/2012 in I.A.5060/12 IN OP.1230/2010 of FAMILY COURT,ERNAKULAM

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PETITIONER:

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PRIYA SUBRAMANYA, AGED 31 YEARS D/O.S.S.PILLAI, FLAT NO.6A 1, J.M.PALACE NORTH FORT GATE, TRIPPUNITHURA, KOCHI-682301. BY ADVS.SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.S.ASHOK KUMAR. SRI.NOEL JOSEPH SRI.K.V.REJANISH

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RESPONDENT:

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HARI SHANKAR DAS, AGED 32 YEARS S/O.P.K.RAMADASAN, 'SARANGAM', HOUSE NO.38/345 KAREETHALA LANE, KARSHAKA ROAD, KOCHI-682016.

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 04-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(F.C.) 1699 OF 2012

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : TRUE COPY OF ORDER IN I.A.NO.826/2012 IN I.A.NO.5060/2010 IN O.P.1230/2010 DATED 03.04.2012 ON THE FILES OF THE FAMILY COURT ERNAKULAM.

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RESPONDENT'S EXHIBITS: NIL

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// TRUE COPY //

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PA TO JUDGE

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K.T.SANKARAN & M.L.JOSEPH FRANCIS JJ.,

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(F.C.) No.1699 of 2012 R

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Dated this the 4^th day of June, 2012

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JUDGMENT

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K.T. Sankaran J.,

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The petitioner is the respondent in O.P. No.1230 of 2010 on the file of the Family Court, Ernakulam. The Original Petition was filed by the respondent, for a decree of divorce. The respondent filed I.A. No.5060 of 2010 for getting interim custody of the minor child. The Family Court allowed the application and permitted the respondent to have access to the child in the day time on the third Friday and Saturday of every month.

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The order in I.A. No.5060 of 2010 was modified at the instance of the petitioner and interim custody was directed to be given on the second Saturday and Sunday following the second Saturday of every month.

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The respondent filed I.A. No.826 of 2012 in I.A. No.5060

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O.P.(F.C.) No.1699 of 2012 :2:

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of 2010 for getting overnight custody of the minor child. The petitioner herein filed objections. The Court below, by the order impugned, allowed interim custody of the minor boy from 10.00 a.m. on the third Saturday till 5.00 p.m. on the Sunday following that day in alternate months. The order in I.A. No.826 of 2012 is challenged by the wife.

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Overnight custody of the child was given, as prayed for,

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by the husband, but the Court limited its duration to the third Saturday and the following Sunday in alternate months, instead of every month. The order passed by the Court below cannot be said to be illegal or unsustainable or perverse. The Family Court exercised the discretion in the facts and circumstances of the case. No grounds are made out for interference. The Original Petition is, accordingly dismissed.

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K.T. SANKARAN,

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(JUDGE)

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M. L. JOSEPH FRANCIS, (JUDGE)

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dl/

Priay Subramanya v. Hari Shankar Das

Case brief

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Priay Subramanya v. Hari Shankar Das

Case brief

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