V.T.Jacob v. Jis Jacob
Case brief
What is this about?
Paternal grandparents filed a matrimonial appeal seeking enhanced custody of a minor child currently residing with maternal grandparents. The High Court modified the lower order by granting regular weekend custody and holiday periods.
What did the court decide?
Weekend custody of the minor to appellants from Saturday 10am to following Sunday 6pm; custody during school holidays if child not taken abroad.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
MAT.APPEAL NO. 164 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPGW 701/2016 OF FAMILY COURT, KOTTAYAM, KOTTAYAM
APPELLANTS:
- 1 V.T.JACOB, AGED 65 YEARS, S/O.M.C. THOMAS, VALLAYEDATHU HOUSE, OPPOSITE TO WARWIN SCHOOL, VAIKOM P.O, KOTTAYAM DISTRICT-686 141.
- 2 CELINE JACOB, AGED 58 YEARS, W/O. V.T JACOB, VALLAYEDATHU HOUSE, OPPOSITE TO WARWIN SCHOOL, VAIKOM P.O, KOTTAYAM DISTRICT-686 141.
Issues for consideration
3 issues framed by the court
Whether the custodial rights of paternal grandparents should be extended given the mother's relocation plans abroad.
How overnight and weekend custody should be apportioned between grandparents pending the child's departure.
Whether the appellants should be entitled to custody during school holidays if the child is taken abroad.
Parties & counsel
- appellant
V.T. Jacob
- appellant
Celine Jacob
- respondent
Jis Jacob
- respondent
Gracy Alex
- respondent
K.C. Chacko
Case details
As recorded by the court registry
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