Disposed

Dr.Athira Mrinal @ Athira Krishnann v. Dr. Mrinal S. Pillai @ Dr.Mrinal Sivadasan Pillai

Kerala HC9 Jul 2021OP (FC)/75/2021

Case brief

AI extract

What is this about?

This judgment mercifully disposed of an Original Petition filed by a mother challenging an interim custody order granted to her (as father) by the Family Court. The High Court held that any modification should be sought from the Family Court, which is best placed to interact with children.

What did the court decide?

The original petition was disposed of with a direction to move the Family Court for any modification.

Dr.Athira Mrinal @ Athira Krishnann Vs Dr… — 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 9^TH DAY OF JULY 2021 / 18TH ASHADHA, 1943 OP (FC) NO. 75 OF 2021

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IN IA NO.6/2020 IN OPGW 626/2019 OF FAMILY COURT,TRIVANDRUM,

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THIRUVANANTHAPURAM DATED 8.1.2021

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PETITIONER/RESPONDENT:

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DR.ATHIRA MRINAL @ ATHIRA KRISHNANN AGED 33 YEARS D/O.SANTHI RADHAKRISHNAN, SMRITHI, TC 9/1607-1, SMRA 69, SRK HOSPITAL ROAD, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM-695 010.

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BY ADVS. V.K.BALACHANDRAN SMT.DRISHYA K.PRAKASH

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RESPONDENT/PETITIONER:

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DR. MRINAL S. PILLAI @ DR.MRINAL SIVADASAN PILLAI AGED 38 YEARS, S/O.K.SIVADASAN PILLAI @ K.S.PILLAI, MAAMOOTTIL, TC 3/629, T.K.DIVAKARAN ROAD, MUTTADA P.O., THIRUVANANTHAPURAM-695 025.

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BY ADVS. SHRI.PHILIP J.VETTICKATTU SMT.SAJITHA GEORGE

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 09.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P.(FC).No.75/2021

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J U D G M E N T

Dated this the 9^th day of July, 2021

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A.Muhamed Mustaque, J.

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This matter has arisen from an order passed in regard to the interim custody of the minor children. The mother is before us. Both mother and father are doctors. The father was given custody of the children on 2^nd Saturdays and Sundays. Impugning this, the mother has come before us.

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According to the mother, the children are reluctant to go with the father and without ascertaining their wish, the Family Court could not have passed the order. It is submitted that the children are to be counseled by professional child therapist so as to assess the willingness. It is further submitted that the mother has no objection in giving interim custody. However, for the reasons mentioned as above, it has become imperative to seek modification of the order passed by the Family Court.

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Having heard both sides, we are of the view

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O.P.(FC).No.75/2021

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-:3:-

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that, if any modification of the order is required, the petitioner can very well move the Family Court itself. The Family Court after interacting with the children, if forms an opinion that the children are to be counseled by professional child therapist, the Family Court can also have recourse to such procedure. We leave this open to the Family Court to decide, including the interim custody.

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This original petition is disposed of.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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sd/-

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DR. KAUSER EDAPPAGATH

JUDGE

kp True copy

P.A. To Judge

O.P.(FC).No.75/2021

-:4:-

APPENDIX OF OP (FC) 75/2021

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PETITIONER ANNEXURE

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EXHIBIT P1	TRUE COPY OF THE ORDER PASSED BY THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM IN CMP NO.424/2019 IN MC NO.290/2019.
EXHIBIT P2	TRUE COPY OF THE ORDER PASSED BY THE FAMILY COURT, THIRUVANANTHAPURAM IN IA NO.858/2019 AND IA NO.859/2019.
EXHIBIT P3	TRUE COPY OF THE JUDGMENT IN OP(FC) 323 AND 350 OF 2019 ALONG WITH MEMORANDUM OF SETTLEMENT ENTERED BEFORE MEDIATION.
EXHIBIT P4	TRUE COPY OF THE JUDGMENT DATED 03.02.2020 IN CONTEMPT CASE (CIVIL) NO.143/2020 PASSED BY THIS HON'BLE COURT.
EXHIBIT P5	TRUE COPY OF THE ORDER DATED 20.10.2020 IN IA NO.2/2020 PASSED BY HON'BLE FAMILY COURT, THIRUVANANTHAPURAM.
EXHIBIT P6	TRUE COPY OF THE PETITION IA NO.6/2020 FILED BY THE RESPONDENT HON'BLE FAMILY COURT, THIRUVANANTHAPURAM.
EXHIBIT P7	TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO EXT.P6.
EXHIBIT P8	TRUE COPY OF THE ORDER DATED 08.01.2021 IN IA NO.6/2020 PASSED BY THE HON'BLE FAMILY COURT, THIRUVANANTHAPURAM.

Dr.Athira Mrinal @ Athira Krishnann v. Dr. Mrinal S. Pillai @ Dr.Mrinal Sivadasan Pillai

Case brief

What is this about?

What did the court decide?

Dr.Athira Mrinal @ Athira Krishnann v. Dr. Mrinal S. Pillai @ Dr.Mrinal Sivadasan Pillai

Case brief

What is this about?

What did the court decide?

What the court decided

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