Allowed

Nicholas P.J v. Jaison V.P

Kerala HC10 Mar 2021OP (FC)/101/2020

Case brief

AI extract

What is this about?

The High Court set aside an order granting custody of a 9-year-old child to his maternal uncle. Noting the father had returned from abroad and the child preferred living with him, the Court allowed the father to retain custody while permitting the maternal uncle to approach the Family Court later for visitation or contractual rights.

What did the court decide?

The impugned order dated 14.01.2020 granted custody to the maternal uncle was set aside, allowing the father to retain custody. The maternal uncle was allowed to move the Family Court regarding visito

Nicholas P.J Vs Jaison V.P — 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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WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942

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OP (FC).No.101 OF 2020

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AGAINST THE ORDER IN IA NO.4735/2019 IN GOP 687/2019 DATED 14-012020 OF FAMILY COURT,THRISSUR

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PETITIONER/RESPONDENT:

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NICHOLAS P.J S/O. JACOB, PULIKKOOTTIL HOUSE, MATTOM, KOONAMMOOCHI P.O, KANDANASSERY VILLAGE, KUNNAMKULAM TALUK, THRISSUR 680 504 REPRSENTED BY POWER OF ATTORNEY HOLDER CELINA PJ, AGED 58 YEARS, D/O. JACOB, PULIKOTTIL HOUSE, KOONAMMOOCHI

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BY ADVS. SRI.PREMCHAND M. SMT.K.ANITHA JOHN SMT.K.R.CHITHRA

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RESPONDENT/PETITIONER:

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JAISON V.P AGED 46 YEARS S/O. PORINJU (LATE) VALLACHIRAKKARAN HOUSE, CHERPU P.O, THRISSUR 680 561

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R1 BY ADV. SRI.LINDONS C.DAVIS R1 BY ADV. SMT.E.U.DHANYA

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THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 10.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P(FC).No.101/2020

JUDGMENT

Dated this the 10^th day of March 2021

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A.MUHAMED MUSTAQUE, J

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This original petition was fled challenging the order dated 14.01.2020 in I.A.No.4735/2019 in GOP.No.687/2019 of the Family Court, Thrissur. The dispute is between the father and the maternal uncle of the child in regard to the custody of the minor child. On the above IA filed by the maternal uncle, the Family Court granted custody to the maternal uncle. This was taking note of the fact that the father was working abroad at that time.

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The father is before us challenging the said order. He appeared in person and his passport is produced for perusal. According to the father, he returned from Gulf one year ago and he has no intention to go back to Gulf. The child is 9 years old and the child is now with the father.

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We interacted with the child. He is also of the firm view that he is happily staying with the father. In fact, the impugned order was passed by the Family Court while he was working in Gulf. Now the fact remains that he has come down and settled in his native place.

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In such circumstances, the father can retain the custody of the child. The claim of the maternal uncle

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O.P(FC).No.101/2020

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regarding the visitorial or contractual right can be decided by the Family Court on a later stage.

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In the light of the above, we set aside the impugned order. The maternal uncle is free to move the Family Court in regard to his visitorial right or contractual right.

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This original petition is disposed of.

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A.MUHAMED MUSTAQUE

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JUDGE

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Sd/-

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DR. KAUSER EDAPPAGATH

True copy

JUDGE

P.A. To Judge

O.P(FC).No.101/2020

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER DATED 13/09/2018 IN GOP 1879/2016 OF THE FAMILY COURT, THRISSUR EXHIBIT P2 TRUE COPY OF THE GOP 689/2019 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THRISSUR EXHIBIT P3 TRUE COPY OF THE IA 1795/2019 FILED BY THE PETITIONER BNEFORE THE FAMILY COURT, THRISSUR EXHIBIT P4 TRUE COPY OF THE OBJECTIONS FILED BY THE RESPONDENT IN IA NO. 1795/2019 BEFORE THE FAMILY COURT, THRISSUR EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED 4/6/2019 IN IA 4735/2019 IN GOP 687/2019 OF THE FAMILY COURT, THRISSUR EXHIBIT P6 THE TRUE COPY OF THE JUDGMENT DATED 25/6/2019 IN OP(FC) 390/2019 OF THIS HON'BLE COURT. EXHIBIT P7 TRUE COPY OF THE IA NO. 4735/2019 FILED BY THE REPONDENT EXHIBIT P8 TRUE COPY OF THE OBJECTIONS FILED BY THE PETITIONER TO EXHIBIT P7 EXHIBIT P9 TRUE COPY OF THE ORDER DATED 14/1/2020 IN IA /4735/2019 IN GOP 687/2019 OF THE FAMILY COURT, THRISSUR. RESPONDENT'S/S EXHIBITS: EXHIBIT R1A TRUE COPY OF THE PETITION DATED 25/01/2020 NUMBERED IA 3/2020 IN IA NO.4735/2019 IN GOP 687/2019 EXHIBIT R1B TRUE COPY OF THE COUNTER FILED BY THE RESPONDENT IN IA NO.3/2020 IN IA NO.4735/2019 IN GOP 687/2019 DATED 29/1/2020

Nicholas P.J v. Jaison V.P

Case brief

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Nicholas P.J v. Jaison V.P

Case brief

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