Disposed

Aswathy Edison v. Santhosh Kumar

Kerala HC22 Jun 2023OP (FC)/193/2023

Case brief

AI extract

What is this about?

The High Court directed the Child Welfare Committee to file a report within three weeks regarding the custody of the children with the mother. Pending disposal of the interim custody application, custody remains with the mother, subject to alternative production conditions imposed by the Family Court.

What did the court decide?

Directed Child Welfare Committee to file report; interim custody retained with the mother until application disposed of.

Aswathy Edison Vs Santhosh Kumar — Child Custody and Guardianship | Kerala HC (2023)

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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 MRS. JUSTICE SOPHY THOMAS

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THURSDAY, THE 22^ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945

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OP (FC) NO. 193 OF 2023

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AGAINST THE ORDER DATED 01.04.2023 IN I.A.NO.1/2021 IN O.P.NO.619/2021 OF THE FAMILY COURT, NEDUMANGAD

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PETITIONER/COUNTER PETITIONERS:

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1 ASWATHY EDISON, AGED 31 YEARS, D/O.SUNITHA EDISON, SUBIN NIVAS, NELLIVILA, VENNIYOOR, VENGANOOR VILLAGE, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT, PIN – 695523.

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2 SUNITHA EDISON, AGED 52 YEARS, W/O.EDISON, SUBIN NIVAS, NELLIVILA, VENNIYOOR, VENGANOOR VILLAGE, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT, PIN – 695523.

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3 EDISON, AGED 60 YEARS, S/O.MILPPAR DAS, SUBIN NIVAS, NELLIVILA, VENNIYOOR, VENGANOOR VILLAGE, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT, PIN - 695523

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BY ADVS.

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ADITHYA RAJEEV S.PARVATHI

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RESPONDENT/PETITIONER:

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SANTHOSH KUMAR, AGED 42 YEARS, S/O.STEPHEN, KANAYIL, GOTHAMBI LANE, MYLAMOODU, ARUVIKKARA VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT, PIN – 695564.

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BY ADV.N.BIJA KRISHNA NARAYAN

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(FC) No.193/2023 2

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JUDGMENT

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A.Muhamed Mustaque, J.

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This original petition was filed challenging an order of the Family Court, Nedumangadu. The said order reads thus:

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The children shall be produced before the court by the 1^st respondent on every alternative days commencing from 03.04.2023 at 10.00 a.m. and the 1^st respondent shall hand over to the petitioner/husband who shall return the children to the 1^st respondent before 5.00 p.m. on the same day. The case will be considered after a period of two weeks.

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It is stated in the order that the custody application will be considered after two weeks.

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It is appropriate that the application for interim custody shall be considered by the Family Court after hearing both sides. In the meanwhile, we direct the Child Welfare Committee, Thiruvananthapuram, to file a report after conducting necessary enquiry in regard to the custody of the children with the mother. The report shall be filed before the Family Court, Nedumangad, within three weeks. Thereafter, the application for interim custody shall be disposed of. Till such application is disposed of, the mother shall retain custody of the children.

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OP(FC) No.193/2023 3

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The Registry shall forward a copy of this judgment to the Child Welfare Committee, Thiruvananthapuram.

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The original petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

Sd/-

SOPHY THOMAS

JUDGE

OP(FC) No.193/2023 4

APPENDIX OF OP (FC) 193/2023

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PETITIONERS' EXHIBITS:

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EXHIBIT-P1 A TRUE COPY OF O.P NO. 619/2021 OF THE FAMILY COURT, NEDUMANGAD DATED 07.05.2021. EXHIBIT-P2 A TRUE COPY OF THE AFFIDAVIT ALONG WITH THE PETITIONER IN I.A NO. 1/2021 IN O.P 619/2021 DATED 05.05.2021. EXHIBIT-P3 A TRUE COPY OF O.P NO. 588/2020 BEFORE THE FAMILY COURT, NEDUMANGAD DATED 15.07.2020 EXHIBIT-P4 A TRUE COPY OF THE ORDER DATED 23.12.2020 IN CMP NO. 395/2020 IN M.C NO. 197/2020 BEFORE THE FAMILY COURT, NEDUMANGAD.

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EXHIBIT-P5 A TRUE COPY OF THE COMPLAINT DATED 30.03.2021 SUBMITTED BEFORE THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM DISTRICT.

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EXHIBIT6 A TRUE COPY OF CMP NO. 938/2021 BEFORE JUDICIAL FIRST CLASS MAGISTRATE II, NEDUMANGAD DATED 23.04.2021.

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EXHIBIT-P7 A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 495/2021 OF THE ARUVIKKARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT DATED 20.04.2021.

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EXHIBIT-P8 CERTIFIED CARBON COPY OF THE ORDER DATED 01.04.2023 IN I.A NO.1/2021 IN O.P NO. 619/2021 OF THE FAMILY COURT, NEDUMANGAD.

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EXHIBIT-P9 A TRUE COPY OF THE CASE STATUS OF O.P NO. 619/2021 OF THE FAMILY COURT, NEDUMANGAD OBTAINED FROM THE OFFICIAL WEBSITE OF THE DISTRICT COURT (E-COURT).

Aswathy Edison v. Santhosh Kumar

Case brief

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What did the court decide?

Aswathy Edison v. Santhosh Kumar

Case brief

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