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A. MUHAMED MUSTAQUE, SOPHY THOMAS
Jisha Mohan, D/o. Mohanan – Appellant
Versus
Vishal V. M. , S/o. Vijayan – Respondent
JUDGMENT :
A. Muhamed Mustaque, J.
This appeal arises from the judgment of the Family Court, Pathanamthitta, in a custody matter. The mother is the appellant and the respondent is the father. In the wedlock, a child was born on 10.02.2018. The respondent is employed in Bahrain. The appellant also joined the respondent in Bahrain. However, the appellant later returned to her home town in Kerala during the eighth month of pregnancy. The appellant filed a case for divorce and also a case for patrimony and maintenance. The case related to patrimony was compromised on 06.11.2021 and the decree was passed based on the compromise. As per the compromise, the minor child, namely, Ishan V. was given custody to the appellant/mother with a stipulation allowing the respondent/father to have visitorial rights during the vacation. However, it was further stipulated that the child custody to the mother was only till the child reaches the age of 6 years. The respondent/father was also allowed to have contact rights with his child. The appellant moved to New Zealand and now obtained residential status. Her brother and family are also settled in New Zealand. The present petition for declaration of guar
The paramount consideration in custody matters is the welfare of the child. The preference of the child to be with one of the parents should be the primary factor, as long as there is no disability p....
The court emphasized that a parent's dependent visa status does not diminish caregiving capacity, and the child's expressed preference in custody matters is paramount.
Point of Law : Whether governed by any personal law, or the provisions to the Guardian and Wards Act, would be cognizable only by the Family Court, if the matter arises within the area over which the....
The welfare of the child is paramount in custody disputes, and custody orders can be modified upon changed circumstances.
Custody decisions must prioritize the welfare of the child over the statutory rights of guardians, as seen in custody disputes. The petitioner's financial status cannot solely determine custody outco....
The paramount consideration in custody disputes is the welfare of the child, allowing interim relocation based on the custodial parent's employment opportunities while ensuring access for the non-cus....
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