Amit T.S. v. Divya M.S.
Case brief
What is this about?
The Kerala High Court, exercising supervisory jurisdiction under Article 227, quashed the Family Court order denying interim custody and granted the petitioner-father temporary custody of his minor son for a specific period.
What did the court decide?
Set aside the order dated 23.01.2023 and granted interim custody of the minor child to the petitioner from 25.01.2023 at 6.00 p.m. till 29.01.2023 at 5.00 p.m.
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
WEDNESDAY, THE 25TH DAY OF JANUARY 2023 / 5TH MAGHA,
1944
O.P.(FC)NO.50OF 2023
IN I.A.NO.23 OF 2023 IN O.P.NO.1537 OF 2016 ON THE FILE
OF THE FAMILY COURT, THRISSUR
PETITIONER:
AMIT T.S.,
AGED 40 YEARS,
S/O. SOMAN,
THANDASSERY HOUSE, PAZHUVIL WEST DESOM & P.O.,
KURUMBILAV VILLAGE, THRISSUR TALUK & DISTRICT -
680564.
REP. BY POWER OF ATTORNEY HOLDER SOMAN,
AGED 69, S/O. RAMAN THANDASSERY HOUSE,
PAZHUVIL WEST DESOM & P.O., KURUMBILAV VILLAGE,
THRISSUR TALUK & DISTRICT, PIN - 680564
Issues for consideration
3 issues framed by the court
Whether the family court erred in refusing interim custody to the father-father.
Whether the High Court in its supervisory jurisdiction under Article 227 can set aside the family court order.
Whether the petitioner is entitled to interim custody of the minor child during his stay abroad.
Parties & counsel
- petitioner
AMIT T.S.
- respondent
DIVYA M.S.
Coram
ANIL K.NARENDRAN
Case details
As recorded by the court registry
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