Remya M. K. v. Mahesh T.
Case brief
What is this about?
This High Court modified the Family Court's order denying custody to a divorced mother. Dismissing the father's claim that the mother was mentally unfit due to past depression and a suicide attempt, the Court awarded primary custody to the mother. It granted the father weekend and specific holiday custody, emphasizing the mother's availability at home over the father's transient employment. The ap
What did the court decide?
Primary custody awarded to the appellant mother; respondent father granted custody for weekday evenings and weekends plus specified school holidays.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 16TH DAY OF SEPTEMBER 2022 / 25TH BHADRA, 1944
MAT.APPEAL NO. 473 OF 2020
AGAINST THE ORDER/JUDGMENT IN OP 767/2018 OF FAMILY
COURT, KANNUR
APPELLANT:
REMYA M. K., AGED 37 YEARS, D/O. RAMACHANDRAN, POURNAMI, CHIRAKKAL P. O., CHIRAKKAL AMSOM, PUZHATHI DESOM, KANNUR – 670 011.
BY ADVS. P.U.SHAILAJAN SRI.M.SURESH KUMAR SRI.V.SREEJITH (K/1398/2000) SMT.VIDYA KURIAKOSE
Issues for consideration
3 issues framed by the court
Whether the mother, despite a history of mental illness and depression, is capable of taking custody of the minor child.
Whether the father's employment as a welder renders him unfit for custody compared to the mother's availability at home.
What custody schedule, including weekly rotation and school holidays, is appropriate for the child's welfare.
Parties & counsel
- appellant
Remya M. K.
- respondent
Mahesh T.
- respondent
Sreesudha
Coram
Case details
As recorded by the court registry
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