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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
OP (FC) 568 2022
NANDAGOPAL S.KURUP, ABHIRAM T.K., ANIL KUMAR P.C, K.A.SALIL NARAYANAN, MANU.M.THOMAS
The court established that interim custody should be governed by the child’s best interests, ensuring ongoing contact with both parents.
Headnote:
Custody - Family Law - Family Courts Act - Sections 17, 18 - The judgment elucidates the provisions for interim custody, establishing a framework for the temporary arrangements between parents while ensuring the child's well-being and maintaining communication with both parents.
Fact of the Case:
This case involves a petition filed by a father seeking interim custody of his child, currently residing in the UK with the mother. The Family Court had laid out conditions for custody and communication for the benefit of the child.
Issues: The primary issues reflected concerns over interim custody arrangements and the facilitation of communication between the child and both parents during the ongoing custody proceedings.
Ratio Decidendi: The court emphasized the necessity of adhering to court-ordered arrangements for interim custody and communication to safeguard the child's interests amid parental disagreements.
Final Decision: The petitioner's request for interim custody was granted, with strict adherence to stipulated conditions.
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 mother. We are of the view that untrammeled by the observation found in the impugned order, the Family court shall dispose the case in accordance with the priority that can be accorded to this case. The Family court shall also ensure that the interim arrangement already made is strictly followed by the parties. If the petitioner wants to go abroad and meet the child in the United Kingdom, the Family court can allow the request on fixing any terms and condition.
The O.P.(FC) disposed as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE sd/-
SOPHY THOMAS, JUDGE
APPENDIX OF OP (FC) 568/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER BY THE BARATHIYA VIDHYA BHAVAN KANNUR ExhibitP2 TRUE COPY OF THE MESSAGE SENT BY THE RESPONDENT TO HOME OFFICE UK ExhibitP3 TRUE COPY OF THE O.P NO. 1187/2022 OF THE FAMILY COURT KANNUR ExhibitP4 TRUE COPY OF THE I A NO. 2/2022 DATED
23/08/2022 IN O.P NO. 1187/2022 DATED 24/08/2022 OF THE FAMILY COURT KANNUR Exhibit P4(a) TRUE COPY OF THE I A NO. 4/2022 IN O.P NO.
1187/2022 DATED 24/08/2022 OF THE FAMILY COURT KANNUR ExhibitP5 TRUE COPY OF THE COUNTER AFFIDAVIT DATED
02/09/2022 OF THE PETITIONER HEREIN IN I.A NO.
02/2022 IN O P NO.1187 / 2022 OF THE FAMILY COURT KANNUR Exhibit P6 TRUE COPY OF THE ORDER DATED 26/09/2022 IN I.A NO. 02/2022 AND 4/2022 IN O P NO.1187 OF 2022 OF THE FAMILY COURT, KANNUR RESPONDENT EXHIBITS EXHIBIT R1(A) A TRUE PHOTO COPY OF THE OUT-PATIENT RECORDS ISSUED BY THE TALIPARAMBA CO-OPERATIVE HOSPITAL SOCIETY LTD DATED 05.10.2022 BEARING REG NO.H22-132318 EXHIBIT R1(B) A TRUE PHOTO COPY OF OUT PATIENT RECORD DATED
08.10.2022 ISSUED BY THE TALIPARAMBA CO-
OPERATIVE HOSPITAL SOCIETY LTD EXHIBIT R1(C) A TRUE PHOTO COPY OF THE LABORATORY REPORT DATED 08.10.2022 EXHIBIT R1(D) A DOWNLOADED COPY OF THE REGULATION DATED OF ST. BARNABAS CE PRIMARY SCHOOL, COLLIN STREET, WARRINGTON.
EXHIBIT R1(E) A COPY OF THE LETTER DATED 13.10.2022 RECEIVED FROM ST BARNABAS CE PRIMARY SCHOOL, COLLIN STREET, WARRINGTON,WA5 1TG EXHIBIT R1(F) A DOWNLOADED COPY OF THE E MAIL COMMUNICATION, CONTAINING THE FLIGHT TICKETS BOOKING DETAILS FOR THE RESPONDENT EXHIBIT R1(G) A DOWNLOADED COPY OF E MAIL COMMUNICATION CONTAINS THE FLIGHT TICKETS BOOKING DETAILS FOR THE CHILD EXHIBIT R1(H) A DOWNLOADED COPY OF E MAIL COMMUNICATION CONTAINS THE FLIGHT TICKET BOOKING DETAILS FOR THE RESPONDENT'S MOTHER EXHIBIT R1(I) A DOWNLOADED COPY OF THE COMMUNICATION DATED
17.10.2022 ISSUED BY THE ST BARNABAS CE PRIMARY SCHOOL, ST BARNABAS CE PRIMARY SCHOOL, COLLIN STREET, WARRINGTON, WA5 1TG
