The High Court of Kerala dismissed a mother's petition challenging an interim custody order granting temporary custody to the father. The Court upheld the Family Court's decision, noting the child had developed acquaintance with the father.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 15TH DAY OF SEPTEMBER 2021 / 24TH BHADRA, 1943
OP (FC) NO. 208 OF 2021
AGAINST THE ORDER DATED 18.2.2021 IN IA 1247/2020 IN OP 207/2015 OF FAMILY COURT, KOZHIKODE
PETITIONER/RESPONDENT:
SREEKALA N.P, AGED 32 YEARS D/O. BABU HARSHARAJ, KUNNUMAL THAZHAM HOUSE, MAKKADA P.O., KAKKODI (VIA), KOZHIKODE DISTRICT (ELATHUR PSL).
BY ADVS. ARUN AJAY SHANKAR SRI.P.V.ANOOP SRI.PHIJO PRADEESH PHILIP SRI.M.P.PRIYESHKUMAR SRI.K.V.SREERAJ
RESPONDENT/PETITIONER:
GANEESH M.K., AGED 38 YEARS S/O. GANGADHARAN, MANAKKANDIYIL HOUSE, VELLIPARAMBU P.O., KOZHIKODE DISTRICT, PIN-673 008 (MEDICAL COLLEGE PSL).
BY ADV SUNNY MATHEW
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 15.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(FC).No.208/2021
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Dated this the 15th day of September, 2021
A.Muhamed Mustaque,J.
The interim custody of the minor child is the subject matter in this
original petition. The Family Court, in a petition filed by the father of the
child granted relief in the interim application as follows:
“In the result, IA partly allowed the order dated 29.02.20 in OP 207/2015 is modified. The petitioner is permitted to contact the child through voice or video calls everyday in between 7,00 PM and 7.15 PM and he can talk for 5 minutes to the child. He is also permitted to have temporary custody of the child from 7,00 PM on every second Saturday till 5.00 PM of next Sunday. He shall take the custody and return the custody of the child at respondents house.”
This is challenged in this original petition by the mother.
on 19/3/2021.
“Admit. Issue notice to the respondent. Direction in the impugned order to grant temporary
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custody is stayed. However, the petitioner shall permit the respondent to interact with the child on every day between 7 to 7.15 pm through video call.”
“This original petition arises from an order giving custody of the child to the father from 7.00 p.m. on every second Saturday till 5.00 p.m. of the next ensuing Sunday. The father is also permitted to contact the child everyday from 7.00 p.m. to 7.15 p.m.
“The petitioner is directed to handover the child on 11/09/2021 at 10.30 a.m. to the respondent. The respondent is permitted to keep custody of the child till the following Sunday (12/09/2021) at 5 p.m. The child shall be returned to
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the petitioner through the premises of the Family Court, Kozhikode.
Post on 15/09/2021.”
not familiarised with the father. In view of the above orders, the child has
developed acquaintance with his own father. In such circumstances, we do
not find any reason to interfere with the impugned order. The father is
given custody only once in a month and for rest of the days, he is given
only contact rights. Both parties are free to move the Family Court for modification of the order for any cogent reason.
Without interfering with the impugned order, we dispose of this
original petition.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To Judge
O.P(FC).No.208/2021
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APPENDIX OF OP (FC) 208/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMMON JUDGMENT IN O.P.NO.207/2015 DATED 29.2.2020 ON THE FILE OF FAMILY COURT, KOZHIKODE. EXHIBIT P2 TRUE COPY OF THE ORDER IN IA 1247/2020 DATED 18.2.2021 ON THE FILE OF FAMILY COURT, KOZHIKODE.
2 issues framed by the court
Whether the High Court should modify the Family Court's order granting temporary custody to the father to the mother.
Whether the son has developed sufficient familiarity with the father to warrant continued custody to the father.
SREEKALA N.P
GANEESH M.K.
A.MUHAMED MUSTAQUE
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
