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ANIL K. NARENDRAN, P. G. AJITHKUMAR, ANIL K. NARENDRAN, P. G. AJITHKUMAR
Ratheesh C. C. – Appellant
Versus
Vijaya V. F. – Respondent
JUDGMENT
Anil K. Narendran, J.—The petitioner is the respondent-father in G.O.P.No.116 of 2022 on the file of the Family Court, Thrissur, which is one filed by the respondent herein-mother, seeking custody of the minor children namely, Sayangadami aged 13 years and Sairam aged 11 years. In that original petition, the respondent filed I.A.No.2 of 2022, an application for interim custody of the minor children. The petitioner-father filed objection, opposing the relief sought for in that interlocutory application. After considering the rival contentions, the Family Court by Ext.P5 order dated 29.08.2022 allowed that interlocutory application and the petitioner-father was directed to handover interim custody of both minor children to the respondent-mother at 10.00 a.m. on 05.09.2022. As per that order, the father shall be entitled to get custody of both the minor children from 10.00 a.m. on every second Saturday, till 4.00 p.m. on the following Sunday, and also during first five days of Onam and Christmas vacations (except the Onam vacation of 2022) and also during first ten days of April and May in the summer vacations. Feeling aggrieved by the said order of the Family Court, the peti
Custody of Minor Children – While deciding matters of custody of a child, primary and paramount consideration is welfare of child – If welfare of child so demands then technical objections cannot com....
High Court is not vested with any unlimited prerogative to correct all kinds of hardship or wrong decisions made within limits of jurisdiction of subordinate courts or tribunals.
Jurisdiction for custody of a minor must be determined by the child's ordinary residence, as per Section 9 of the Guardians and Wards Act, 1890.
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