Disposed

Sanoj Elayedath v. Soorya.S.Nair

Kerala HC10 Sept 2021OP (FC)/29/2021

Case brief

AI extract

What is this about?

The High Court of Kerala recorded a settlement between parents residing in UAE regarding interim and permanent custody of a minor. The agreement mandates regular custody visits for the father and maintenance sharing. The court directed the Family Court to close the proceedings based on this settlement.

What did the court decide?

Petition disposed of; parties bound by settlement; Family Court ordered to close proceedings; mother to share child details with father; father to share maintenance and tuition fees.

Sanoj Elayedath Vs Soorya.S.Nair — 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 DR. JUSTICE KAUSER EDAPPAGATH

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FRIDAY, THE 10^TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943 OP (FC) NO. 29 OF 2021

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AGAINST THE ORDER/JUDGMENT IN O.P.NO.1113/2019 OF FAMILY COURT, KOZHIKODE

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PETITIONER/S:

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SANOJ ELAYEDATH, AGED 38 YEARS, S/O. GOVINDAN ADIYODI, ELAYEDATH HOUSE, PADIYOOR P.O., IRITTI VAZHI, KANNUR, PIN-673703, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, KOMALAVALLI E., AGED 67 YEARS, W/O. GOVINDAN ADIYODI, ELAYEDATH HOUSE, PADIYOOR P.O., IRITTI VAZHI, KANNUR, PIN-673703.

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BY ADV MAJIDA.S

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RESPONDENT/S:

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1 SOORYA.S.NAIR, AGED 32 YEARS, D/O. SUDHAKARAN NAIR, SWATHI, PUNATHIL MEETHAL, MAYANAD P.O., KOZHIKODE-673008, PRESENTLY RESIDING AT 2ND FLOOR- RIGGA BUSINESS CENTRE, BESIDES IBIS HOTEL, AL RIGGA ROAD DEIRA, DUBAI, UNITED ARAB EMIRATES, WORKING AS PHYSIOTHERAPIST, AMBER CLINIC, DUBAI, UNITED ARAB EMIRATES.

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2 GIRIJA, AGED 60 YEARS, W/O. SUDHAKARAN NAIR, SWATHI, PUNATHIL MEETHAL, MAYANAD P.O., KOZHIKODE-673008.

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3 SRUTHI S. NAIR, D/O. SUDHAKARAN NAIR, SWATHI, PUNATHIL MEETHAL, MAYANAD P.O., KOZHIKODE-673008.

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BY ADVS. ANIL KUMAR K.P. SWAPNALEKHA K.T.

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (FC) No.29/2021 2

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JUDGMENT

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A.Muhamed Mustaque, J.

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The matter is related to interim custody of the child. The

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original petition has been filed challenging the orders in different interlocutory applications filed in pending Original Petition No.1113/2013 on the file of the Family Court, Kozhikode.

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We noted that the parties are in UAE. We interacted with the parties on a couple of occasions. In our last order, we permitted the father to have interim custody of the child from Thursday (02.09.2021) evening 5 p.m. till following Saturday (04.09.2021) 5 p.m.

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Today, it is submitted before us by the learned counsel for the petitioner that the last order has not complied.

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The learned counsel for the respondents submitted that the respondents are having practical difficulty in complying with the directions as the child is undergoing speech therapy.

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OP (FC) No.29/2021 3

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After the deliberations with both counsel, they arrived at

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the following settlement:-

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i. The child will be in the permanent custody of the mother

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subject to interim custody given to the father in the manner hereafter mentioned.

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ii. The father will be entitled to custody on every first and third Thursday at 5 p.m. till the following Saturday at 5 p.m.

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iii. The child shall be handed over and returned from the residence of the mother.

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iv. In the event the child travels with the mother to India for holidays, and the father is also available in India, the custody of the child shall be equally shared for the period available in India.

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v. The father has no objection to renewing the passport of the child.

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vi. The father also has no objection, the mother obtaining the child's permanent residence status on an application to be

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submitted by her.

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OP (FC) No.29/2021 4

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This settlement will bind the parties and the parties

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are free to execute the same in the courts in UAE since India and

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UAE is having a reciprocal agreement in regard to execution of the foreign decree and award.

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In the light of the above agreement, we direct the Family Court to close the proceedings in O.P.No.1113/2019. The mother also shall intimate the school details and treatment details of the child to the father. The father is agreed to pay reasonable maintenance to the child and share half of the tuition fees payable to the school.

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The original petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE Sd/-

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DR. KAUSER EDAPPAGATH, JUDGE

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OP (FC) No.29/2021 5

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APPENDIX OF OP (FC) 29/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PETITION IN O.P.NO.1113/2019 DATED 30.9.2019 ON THE FILE OF FAMILY COURT, KANNUR.

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EXHIBIT P2 TRUE COPY OF THE COMMON ORDER IN I.A.NO.1263/2019 AND I.A.NO.1289/2019 IN O.P.NO.1113/2019 DATED 5.10.2019 OF THE FAMILY COURT, KANNUR.

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EXHIBIT P3 TRUE COPY OF THE COMMON ORDER DATED 23.10.2020 IN I.A.NO.1263/2019, I.A.NO.1358/2019, I.A.NO.657/2020 IN O.P.NO.1113/2019 ON THE FILES OF THE FAMILY COURT, KANNUR.

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EXHIBIT P4 TRUE PHOTOCOPY OF THE E-MAIL COMMUNICATION SENT FROM THE INDIAN EMBASSY OF ABUDHABI TO THE PETITIONER DATED 09.08.2021.

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EXHIBIT P5 TRUE PHOTOCOPY OF THE TENANCY CONTRACT INFORMATION REGISTRATION CERTIFICTAE DATED 24.06.2021 ISSUED BY GOVERNMENT OF DUBAI ISSUED IN THE NAME OF PETITIONER, TO PROVE HIS PRESENT ADDRESS AT DUBAI.

Sanoj Elayedath v. Soorya.S.Nair

Case brief

What is this about?

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Sanoj Elayedath v. Soorya.S.Nair

Case brief

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What did the court decide?

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