Remanded

Sam George v. Annie Sam

Kerala HC5 Mar 2021Mat.Appeal/633/2018

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a matrimonial appeal challenging a custody order where custody was granted to the mother. The court noted an interim stay agreement allowing the father custody with mother's weekend contact. No party names or dates included. Focuses on custody dispute resolution.

What did the court decide?

Matter remanded to Family Court for future custody arrangement consideration; parent currently retains custody subject to interim agreement.

Sam George Vs Annie Sam — Child Custody and Guardianship | Kerala HC (2021)

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

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FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

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Mat.Appeal.No.633 OF 2018

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AGAINST THE ORDER IN OP(G & W)NO.182/2016 DATED 31-03-2017 OF FAMILY COURT, THODUPUZHA

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-------

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APPELLANT/S:

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SAM GEORGE, S/O.GEORGE, AGED 42 YEARS, ADACHITHOTTIYAL(H), PULIKATHADAM, EDADU PO, ELAPPILLY VILLAGE, MOOLAMATTOM-685589.

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BY ADVS. SRI.G.BHAGAVAT SINGH SRI.ANWIN SHAJ

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RESPONDENT/S:

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ANNIE SAM, AGED 35 YEARS, ADACHITHOTTIYAL(H), PULIKATHADAM, EDADU PO, ELAPPILLY VILLAGE, MOOLAMATTOM -685589, NOW RESIDING AT PUTHEN VEEDU (H).

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BY ADV.SRI.UNNIKRISHNAN.V.ALAPATT

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THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Mat.Appeal.No.633 OF 2018

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JUDGMENT

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Dated this the 5th day of March 2021

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A.Muhamed Mustaque, J.

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This Mat. Appeal was filed by the father of the minor child challenging the order in O.P.(G&W).No.182/2016 on the file of the Family Court, Thodupuzha. A girl child born in the wedlock of the appellant and the respondent is nearing 10 years. By the impugned order, the custody of the child is given to the mother and the father was given visitorial rights once in a month, preferably on second Saturdays between 10 am to 5 pm. The child was in the custody of the father till that order was passed. This Court on 19/12/2018, in I.A.No.2274/2018, passed the following order:

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There will be an interim stay against implementation of the judgment and decree in O.P (G&W) No.182/2016 of the Family Court, Thodupuzha, pending disposal of the above appeal, subject to condition of the appellant handing over custody of the minor ward namely, Aleena Sam to the respondent during alternate weekends from 10.30 a.m. on the

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Mat.Appeal.No.633 OF 2018

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alternate Saturdays till 4 p.m. on the succeeding Sundays and for the first 5 days each during Onam and Christmas holidays and for the first 15 days each in the months of April and May during mid-summer vacation. The child shall be handed over custody and taken back custody from the premises of the Family Court, Thodupuzha.

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The father, based on the above order, retained custody subject to contact rights of the mother on alternate weekends from 10.30 am till 4 p.m. of the ensuing Sunday.

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Today, pursuant to the direction of this Court, the parties appeared before this Court. We interacted with the parties and the child. The mother was also given company of the child, nearly for two hours. Having interacted with the parties, tentatively, the following agreement has been reached. The father is allowed to retain the custody of the child subject to the following rights of the mother:

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The mother will be given custody of the child every Saturday (except 2^nd Saturday) from 10.30 am till 4.30 pm. The child shall be handed over through the Sheristadar of the Family Court, Thodupuzha, and returned through the Sheristadar. The above arrangement will continue for a period of four months.

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Mat.Appeal.No.633 OF 2018

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We remand the matter back to the Family Court for consideration of future arrangement to be made in regard to the custody of the child. The parties shall appear before the Family Court on 5.7.2021. The Family Court shall, after taking note of all the attending circumstances, take an appropriate decision thereon.

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The Mat. Appeal is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

DR.KAUSER EDAPPAGATH

JUDGE

Mat.Appeal.No.633 OF 2018

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APPENDIX

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APPELLANT'S/S ANNEXURES:

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ANNEXURE-A1	: COPY OF THE ORDER IN I.A.NO.196/2017 IN O.P. (G&W) NO.182/2016 DATED 15.06.2017 OF THE FAMILY COURT, THODUPUZHA.
ANNEXURE-A2	: COPY OF THE ORDER IN I.A.NO.367/2017 IN OP(G&W) NO.182/2016 DATED 24.3.2018 OF THE FAMILY COURT, THODUPUZHA.
ANNEXURE-A3	: COPY OF THE ORDER DATED 09.03.2016 PASSED BY THE CHILD WELFARE COMMITTEE, IDUKKI.

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RESPONDENTS'ANNEXURES:NIL.

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//TRUE COPY//

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P.S.TO JUDGE

Sam George v. Annie Sam

Case brief

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What did the court decide?

Sam George v. Annie Sam

Case brief

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