Partly allowed

Devayani v. P.K.Murali

Kerala HC1 Nov 2023Mat.Appeal/161/2021

Case brief

AI extract

What is this about?

The High Court modified the Family Court's judgment by extending the maternal grandmother's visitorial rights from one week to two weeks per month, affirming the core custody order while adjusting the visitation schedule for the appellant.

What did the court decide?

Visitorial rights to the appellant-maternal grandmother are increased from one week to two weeks per month; the rest of the impugned order is upheld.

Devayani Vs P.K.Murali — Child Custody and Guardianship | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶3

¶4

THE HONOURABLE MRS. JUSTICE C.S. SUDHA
WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA, 1945

¶5

MAT.APPEAL NO. 161 OF 2021

¶6

AGAINST THE ORDER/JUDGMENT OP 916/2019 OF FAMILY COURT, PALAKKAD
APPELLANT/RESPONDENT:

¶7

DEVAYANI
AGED 66 YEARS
W/O.MUTHUKUTTAN, CHANTHATTIL VLIYAPARAMBIL,
THADUKKASSERY, KERALASSERY,
PALAKKAD DISTRICT. PIN 678 641.

¶8

BY ADVS.
JACOB SEBASTIAN
SRI.K.V.WINSTON
SMT.ANU JACOB

¶9

RESPONDENT/PETITIONER:

¶10

P.K.MURALI
AGED 41 YEARS
S/O.KRISHNAN, POLIYATH VEETTIL, KOTTAPPADI,
GURUVAYUR, THRISSUR DISTRICT, PIN 680 505

¶11

BY ADVS.
SANIN V.U.
AKHIL BINOY

¶12

THIS MATRIMONIAL APPEAL HAVING FINALLY HEARD ON 01.11.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

MAT.APPEAL NO. 161 OF 2021

JUDGMENT

Amit Rawal, J.

Present appeal is directed against the judgment and decree of the Family Court whereby O.P. preferred by the father for the permanent custody of the child has been allowed by granting one week visitorial rights to the maternal grandmother. It is unfortunate that mother of the child/daughter of the appellant/ wife of the respondent during the subsistence of the marriage died at a time when the age of the minor child was two years.

¶18

Learned counsel appearing on behalf of the appellant submitted that at the relevant point of time, the married sister of the respondent–husband was living with him and taking care of the child. unfortunately she also expired and there is no female member in the family to take care of the girl child. In fact, Family Court ought to have granted the custody of grandchild to the appellant with one week visitorial rights to the father.

¶19

On the other hand, learned counsel appearing on behalf

¶20

MAT.APPEAL NO. 161 OF 2021

¶21

¶22

of the respondent-father submitted that he has no objection in case maternal grandmother is granted visitorial rights for a period of two weeks in a month. Paternal grandmother is alive and therefore the apprehension of child being not taken care of, is imaginative.

¶23

We have heard the learned counsel for the parties and appraised the paper book.

¶24

It is quite unfortunate that at a young age, daughter of appellant- wife of respondent–mother of minor child has expired. Custody of the child has always been a core issue amongst the inlaws and the living spouse. There is no denial to the fact that earlier, married sister of the husband was taking care of the child but she also died. Visitorial rights to the grandmother till the child attains the majority should have been rightly granted, for child cannot be permitted to lose touch with the maternal grandparents. The husband has offered even two weeks of visitorial rights to the maternal grandmother.

¶25

We thus modify the judgment and decree of the Court

¶26

MAT.APPEAL NO. 161 OF 2021

¶27

¶28

below to the extent of visitorial rights to the appellant that instead

¶29

of one week it shall be two weeks. Rest of the order impugned is

¶30

upheld. Appeal stands disposed off.

Sd/-

AMIT RAWAL

JUDGE

Sd/-

C.S. SUDHA

JUDGE

nak

Devayani v. P.K.Murali

Case brief

What is this about?

What did the court decide?

Devayani v. P.K.Murali

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Hafafa K.T Vs Muhamed Faisal (Rep by Poa Holder) K.T. Muhamed @ Bava Haji

Biji George Vs Mathew Chacko

Maju Susan Babu Vs Sunil Mathew

Shaji Vs Haseena

Shaji Vs Haseena

P.V. Neethumol Vs Jinson Lazar