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2023 Supreme(Online)(KER) 19351

HIGH COURT OF KERALA
A. Muhamed Mustaque, SOPHY THOMAS, JJ
NISHANTH KUNNOTH
– Appellant
Versus

KAVYA K – Respondent


Advocates:
NANDAGOPAL S.KURUP, ABHIRAM T.K., ANIL KUMAR P.C, K.A.SALIL NARAYANAN, MANU.M.THOMAS

JUDGMENT

A.MUHAMED MUSTAQUE.J This Original petition is filed by the father in an interim custody of his child. The Family court passed the following order:

“17. In the result, both applications are allowed. The interim custody of the minor child by name Gopika K Nambiar is Ordered to be given to the petitioner with the following conditions:

(a) The petitioner shall bring the child during summer vacation and allow the respondent to secure custody of the minor child at least for three weeks.

(b) The petitioner Shall permit the respondent to contact the minor child through video conferencing platform for one hour each on every Saturday and Sunday and for five to ten minutes on other days.

(c) The petitioner shall inform the respondent in advance with respect to her arrival in the country so as to enable the respondent to take interim custody of the minor child.

(d) The petitioner shall file an undertaking before this court that she will abide with the stipulations fixed by this court.

(e) The respondent is directed to hand over the passport and Biometric Residence Permit Card of the minor child to the petitioner.”

The child, based on the interim order admittedly is in the United Kingdom with

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