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2023 Supreme(Ker) 107

ANIL K. NARENDRAN, P. G. AJITHKUMAR
Aneesh S/o K. C. Narayanan Nair – Appellant
Versus
Aswathy W/o Aneesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.K.Sumod, Abdul Raoof Pallipath, K.R.Avinash (Kunnath), Prajit Ratnakaran, Vidya M.K., Thushara.K
For the Respondent: Chacko C A, C.M.Charisma

JUDGMENT :

P.G. Ajithkumar, J.

The petitioner filed G.O.P.No.156 of 2021 before the Family Court, Thrissur for a decree allowing him permanent custody of his minor son Abhay Krishna, aged 16 years. The minor was in the custody of the respondent-mother. The petitioner has filed I.A.No.2 of 2021 for an order directing the respondent to give interim custody of the child to him from Friday to Sunday every week. Ext.P5 is a copy of that petition. Respondent filed detailed objection contending that since the petitioner has been maintaining illicit relationship with another woman, he is not entitled interim custody of the child. It is further contended that considering the obesity and connected disableness of the child, no overnight custody can be given to the petitioner.

2. The Family Court heard both sides and interacted with the child, who was brought to the Family Court. The desire of the child was ascertained. The Family Court after taking into account the case set forth by both sides, and also the opinion of the child, allowed I.A.No.2 of 2021 to the extent of allowing the petitioner to have visitation right from 10.00 a.m. to 12.00 noon on every second Saturday. The respondent was all

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