Dismissed

Ajeesh.P.M v. Nima K.K

Kerala HC20 Sept 2021OP (FC)/428/2021

Case brief

AI extract

What is this about?

Petitioner father challenged interim custody granted to mother. Bench reiterated that parents must seek modification by producing fresh evidence (medical records of mother's ailment, proof of abuse) before the Family Court rather than seeking High Court interference. Case disposed dismissing the petition with liberty to move Family Court.

What did the court decide?

Petition dismissed with liberty to seek modification from Family Court by producing medical records and evidence of abuse through appropriate applications.

Ajeesh.P.M Vs Nima K.K — 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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MONDAY, THE 20TH DAY OF SEPTEMBER 2021 / 29TH BHADRA, 1943
OP (FC) NO. 428 OF 2021

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AGAINST THE ORDER/JUDGMENT IN GOP 2214/2020 OF FAMILY
COURT,THRISSUR, THRISSUR

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PETITIONER:

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AJEESH.P.M, AGED 35 YEARS, S/O. MOHANAN P.V,
PANENGATTIL HOUSE, PERINTHIRUTHY POST, KUNNAMKULAM
TALUK, THRISSUR DISTRICT – 680 542.

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BY ADVS.
M.PROMODH KUMAR
MAYA CHANDRAN

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RESPONDENT:

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NIMA K.K, AGED 28 YEARS, D/O.K.K. KANNAN, KAPPARAMBIL
HOUSE, PAVARATTY POST, CHAVAKKAD TALUK, THRISSUR
DISTRICT – 680 507.

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BY ADVS.
PREMCHAND M.
K.ANITHA JOHN

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THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
20.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (FC) NO. 428 OF 2021

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J U D G M E N T

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A. Muhamed Mustaque, J

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The petitioner is the father of the minor child born in the wedlock with the respondent. The petitioner approached this Court challenging the interim custody given to the mother, the respondent herein. The child is only five years old. The petitioner is permitted to have custody of the child from 10 am on every Second Saturday till 4 pm on the ensuing Sunday. He has also been given custody of the child on first half of the onam, X'mas and Summer vacations.

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The petitioner has a case that the respondent suffers from serious mental ailment. Therefore, according to the petitioner, the custody of the child cannot be granted to the respondent-mother. The petitioner had produced certain documents along with I. A No.1 of 2021. The petitioner points out that child has been brutally manhandled by the respondent.

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Merely for the reason that the interim custody has been granted to the respondent, the Family Court is not prevented from passing further orders taking note of any subsequent event. The

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OP (FC) NO. 428 OF 2021

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petitioner can very well produce the documents produced before this

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Court along with I.A No1 of 2021 before the Family court to seek modification.

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We do not find any other reason to interfere with the impugned order. If the petitioner is having a case that the respondent suffers from serious illness, the petitioner can also produce any medical records before the Family Court and seek modification in regard to custody.

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With liberty to move the Family Court to modify the order already passed, the original petition is accordingly disposed of. I.A No.1 of 2021 is accordingly closed.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

DR. KAUSER EDAPPAGATH

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JUDGE

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OP (FC) NO. 428 OF 2021

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APPENDIX OF OP (FC) 428/2021

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE RESPONDENT GOP NO.2214/2020
DATED 19.12.2020.
Exhibit P2TRUE COPY OF THE PETITIONER'S OP NO.
2182/2020 DATED 15.12.2020.
Exhibit P3TRUE COPY OF THE APPLICATION FILED BY THE
RESPONDENT DATED 24.12.2020.
Exhibit P4TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY
THE PETITIONER DATED 20.01.2021.
Exhibit P5TRUE COPY OF THE APPLICATION FILED BY THE
PETITIONER DATED 20.01.2021.

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Exhibit P6TRUE COPY OF THE AFFIDAVIT FILED BY THE
SUPERINTENDENT OF JUBILEE MISSION HOSPITAL
THRISSUR DATED 26.07.2021.

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Exhibit P7TRUE COPY OF THE IA 5/2021 DATED 20.01.2021.

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Exhibit P8THE CERTIFIED COPY OF THE COMMON ORDER IN IA
NO.2/2021 AND IA NO. 7/2021 OF GOP.2214/2020.

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RESPONDENTS EXHIBITS

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ANNEXURE A1TRUE COPY OF THE PRESCRIPTION ISSUED FROM
GOVERNMENT TALUK HOSPITAL, KUNNAMKULAM DATED
11/09/2021

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ANNEXURE A1TRUE COPY OF THE COMPLAINT ALONG WITH THE
RECEIPT ISSUED BY THE PAVARATTY POLICE
STATION DATED 11/09/2021.

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ANNEXURE A1TRUE PHOTOGRAPH OF PETITIONER’S SON KAILAS
NADH SHOWING THE INJURY.

Ajeesh.P.M v. Nima K.K

Case brief

What is this about?

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Ajeesh.P.M v. Nima K.K

Case brief

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