Father challenged a Family Court order granting the one-year-old child's interim custody to the mother with fortnightly interaction for him. The mother undertook not to travel abroad and to comply with the conditions. The court found no ground to interfere and directed compliance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
&
THEHONOURABLEMR.JUSTICEP.M.MANOJ
TUESDAY,THE9THDAYOFAPRIL2024/20THCHAITHRA,1946
OP(FC)NO.232OF2024
AGAINSTTHEORDER/JUDGMENTDATED27.03.2024INOPNO.366OF2024
OFFAMILYCOURT,PALAKKAD
PETITIONER/S:
NIDHINK.N,AGED38YEARS,S/ONARAYANAN,KAYARANKODE
VEEDU,P.O.MUNDUR,PALAKKADTALUK,PALAKKAD
DISTRICT,PIN-678592
BYADVS.
P.JAYARAM
O.M.RAVI
P.B.AJOY
A.M.THOMAS(AYKAN)
ATHULG.T.
RESPONDENT/S:
ANEETAJACOB,AGED32YEARS,D/O.C.J.JACOB,CHERUPULLIYIL
VEEDU,P.O.KUZHIMATTAM,PANCHIKKADVILLAGE,KOTTAYAM
TALUK,KOTTAYAMDISTRICT,PIN-686533
BYADVS.
K.SHAJ
BEENAN.KARTHA(K/671/1995)
C.IJLAL(K/826/2013)
POORNIMARAJAN(K/818/2013)
ARUNCHAND(K/000860/2016)
BHARATVIJAYP.(K/000976/2018)
MAJIDMUHAMMEDK.(K/673/2020)
MINUVITTORRIAPAULSON(K/739/2020)
GOPIKAGOPAL(K/643/2023)
ARCHANAP.P.(K/4093/2023)
AKHILAHUSSAINZ.(K/000933/2024)
SRIKSHAJ,FORPARTYRESP.
THISOP(FAMILYCOURT)HAVINGCOMEUPFORADMISSIONON
09.04.2024,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:
2
O.P.(F.C)No.232 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
This petition is filed challenging the order dated 27.03.2024 passed by the learned Family Court, Palakkad in IA No.2 of 2024 in OP No.366 of 2024. The aforesaid petition was filed by the mother of the minor child, who is just one year of age, seeking interim custody of the minor child.
The Family Court, after considering the facts and circumstances, allowed the petition and granted the following reliefs:-
3
O.P.(F.C)No.232 of 2024
submits that there is every likelihood that the mother may leave the country if the child is entrusted with her.
for the Arab Countries on 15.02.2024 on a visiting visa and she came back
to India on 27.02.2024. He states that she has no plan to go back to the Gulf. It is also submitted that the mother shall comply with the conditions imposed by the Family Court in its letter and spirit. He further submits that although the order was passed on 27.03.2024, the directions have not been complied with by the respondent.
interfere with the considered order passed by the Family Court. The respondent mother has undertaken before this court that she does not intend to travel overseas. The petitioner shall forthwith comply with the
4
O.P.(F.C)No.232 of 2024
conditions imposed by the Family Court in its letter and spirit.
The original petition is disposed of.
sd/-
RAJA VIJAYARAGHAVAN V, JUDGE
sd/P.M.MANOJ JUDGE
das
5
O.P.(F.C)No.232 of 2024
APPENDIX OF OP (FC) 232/2024
PETITIONEREXHIBITS
Exhibitp1TRUECOPYOFTHEORDERDATED27/03/2024IN
I.A.NO.2/2024INO.P.NO.366/2024ONTHE
FILESOFFAMILYCOURT,PALAKKAD
Exhibitp2TRUECOPYOFTHEAFFIDAVITANDAPPLICATIONIN
I.A.NO.2/2024INO.P.NO.366/2024ONTHE
FILESOFFAMILYCOURT,PALAKKAD
Exhibitp3TRUECOPYOFTHECOUNTERSTATEMENTFILEDBY
THEPETITIONERHEREININI.A.NO.2/2024IN
O.P.NO.366/2024ONTHEFILESOFFAMILY
COURT,PALAKKAD
Exhibitp4TRUECOPYOFTHEO.P.NO.249/2024ONTHE
FILESOFFAMILYCOURT,PALAKKAD
1 issue framed by the court
Should the Family Court's interim custody order granting the mother custody with visitation to the father be interfered with, given apprehensions the mother may leave the country?
Nidhin K.N.
Aneeta Jacob
Raja Vijayaraghavan V
P.M. Manoj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court