Meera v. Rajesh
Case brief
What is this about?
Petitioner mother challenged Family Court order denying interim custody of 2.5-year-old child. High Court quashed impugned order and granted temporary custody to mother, staying father's visitation rights during custody period.
What did the court decide?
Impugned order refusing interim custody set aside; temporary custody granted to petitioner-mother; right of visitation granted to respondent-father on alternate Saturdays after custody transfer.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
MONDAY, THE 13TH DAY OF FEBRUARY 2023 / 24TH MAGHA, 1944 O.P.(FC) NO. 28 OF 2023
AGAINST THE ORDER DATED 09.12.2022 IN I.A.NO.2 OF 2022 IN O.P.NO.796 OF 2022 ON THE FILES OF THE FAMILY COURT,
PALAKKAD
PETITIONER:
MEERA
AGED 23 YEARS D/O.MANIKANDAN, R/ A. CHEKKINI, PALLIKKAD, VADAKKENCHERRY.P. O ALATHUR, PALAKKAD, PIN – 678683.
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
Issues for consideration
3 issues framed by the court
Whether the High Court was justified under suo motu powers in granting temporary custody of a breastfeeding minor child from the father to the mother pending trial.
Whether the Family Court erred in refusing interim custody to the mother considering the child was only two and a half years old.
Whether the safety report of the Child Welfare Committee is a valid ground to deny custody to the mother.
Parties & counsel
- petitioner
Meera
- respondent
Rajesh
Coram
Anil K. Narendran
Case details
As recorded by the court registry
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