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ANIL K. NARENDRAN, P. G. AJITHKUMAR
Arun Kumar – Appellant
Versus
Anuja – Respondent
JUDGMENT
P.G. Ajithkumar, J.
The appellant is the petitioner in O.P.(G&W) No.1038 of 2022 on the file of the Family Court, Nedumangad. As per the judgment dated 27.09.2022, the Family Court dismissed that original petition, which is under challenge in this appeal filed under Section 19(1) of the Family Courts Act, 1984.
2. This appeal was admitted to file on 13.12.2022. Pursuant to notice, the respondent entered appearance through her learned counsel. On 21.12.2022, the appellant has filed I.A.No.1 of 2022 seeking interim custody of the minor, Vedhika A.Nair, aged 8 years now. He was granted interim custody of the child on 24.12.2022 from 10.00 a.m. to 5.00 p.m.
3. When the appeal came up for consideration on 11.04.2023, we directed both parties to personally present along with the minor child before Court at 10.15 a.m. on 12.04.2023. In terms of the said order, both parties personally appeared in court along with the child today (12.04.2023) at 10.15 a.m. We have interacted with both parties and the child. Thereafter, they were referred for counselling at the Family Counselling Centre under the Kerala High Court Legal Services committee. Both parties along with the child, after counse
While deciding matters of custody of a child, primary and paramount consideration is welfare of child.
Custody decisions must prioritize the child's welfare, ensuring the involvement and affection of both parents.
A child has a human right to have the love and affection of both parents and courts must pass orders ensuring that the child is not totally deprived of the love, affection and company of one of her/h....
In custody disputes, the child's welfare is paramount, necessitating active involvement and contact with both parents to ensure emotional and psychological stability.
Minor child does not have coping skills or intellectual ability to understand issues between adult relationship or parents unhappiness.
Visitation rights must prioritize the welfare of minor children, even if it contradicts their expressed wishes, recognizing the importance of maintaining relationships with both parents post-separati....
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