In this original petition, the father challenged a Family Court order granting interim custody to the mother while awarding him interim visitation and cyclic rights. The High Court found no reason to interfere under Article 227 and dismissed the petition.
The original petition challenging the Family Court's interim custody order is dismissed.
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
TUESDAY, THE 28TH DAY OF SEPTEMBER 2021 / 6TH ASWINA, 1943
OP (FC) NO. 404 OF 2021
AGAINST THE ORDER DATED 23.3.2021 IN I.A.NO.1/2021 IN OPGW 253/2021 OF FAMILY COURT, KOLLAM
PETITIONER/RESPONDENT:
ABHILASH A., AGED 39 YEARS
S/O.ASHOKAN, SAROJINI MANDIRAM, MUNDAKKAL EAST VILLAGE, KOLLAM DISTRICT.
BY ADVS. C.RAJENDRAN, B.K.GOPALAKRISHNAN
RESPONDENT/PETITIONER:
SAMANTHA SATHYAN, AGED 34 YEARS D/O.SATHYASEELAN, KUNJICHIVILA VEEDU, KURUMANDAL, PARAVUR P.O., KOLLAM NOW RESIDING AT A A HOUSE, TRA 881-2, MUNDAKKAL EAST VILLAGE, KOLLAM - 691 010.
MINOR WARDS
BY ADVS. BINU GEORGE, HEMALATHA
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 28.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC).No.404/2021
-:2:-
Dated this the 28th day of September, 2021
A.Muhamed Mustaque,J.
In this original petition, the father of the minor children
challenges an order passed in an interlocutory application granting interim custody to the mother.
has been given interim cyclic custody rights, visitation rights and
contact rights. The Family Court had passed very reasoned and
elaborate order in the matter. We find absolutely no reason to
interfere with the impugned order in exercise of our power under
Article 227 of the Constitution of India. We make it clear that
O.P.(FC).No.404/2021
-:3:-
untramelled by any observation and finding as above, the Family
Court shall dispose of the main matter in accordance with law.
With the above observation, the original petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To Judge
O.P.(FC).No.404/2021
-:4:-
APPENDIX OF OP (FC) 404/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE PHOTO COPY OF THE OP OF THE FAMILY COURT KOLLAM OP (G&W) NUMBER 253/2021. Exhibit P2 A TRUE PHOTO COPY OF THE INTERIM APPLICATION NO.11/2021 SUPPORTED BY THE AFFIDAVIT IN OP(G&W) NUMBER 253/2021. Exhibit P3 A TRUE PHOTO COPY OF THE WRITTEN OBJECTION SUBMITTED BY THE PETITIONER DATED 8/3/2021. Exhibit P4 A TRUE PHOTO COPY OF THE ORDER IN IA 1/2021 IN OP(G&W) NO.253/2021 OF FAMILY COURT, KOLLAM DATED 23/3/2021.
2 issues framed by the court
Whether the High Court should interfere with the Family Court's order granting interim custody to the mother and providing interim cyclic custody to the father.
Whether the Family Court's reasoned and elaborate order on custody requires interference under Article 227 of the Constitution.
1 provisions across 1 enactments
Abhilash A.
Samantha Sathyan
A.Muhamed Mustaque
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
