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2024 Supreme(Online)(KER) 223

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, P.M. MANOJ, JJ
THOMAS @ MANOJ E.J. – Appellant
Versus
INDU S – Respondent


JUDGEMENT

Raja Vijayaraghavan, J. This petition is filed challenging Ext.P23 order dated 2.11.2023 in O.P.(G & W) No.197/2018 on the files of the Family Court, Thalassery. The aforesaid petition has been filed by the respondent herein seeking to modify the order of the custody of the child in O.P. No.197/2018 on the files of the said court.

The above order was passed consequent to a compromise entered between the parties, requiring the mother to hand over the 3-year-old minor son of the petitioner to him on two Sundays in a month. After a period of one year from the date of order, the mother is to give custody of the child to the father on all Saturdays and Sundays.

2. The petitioner, after entering an appearance, challenged the very maintainability of the application.

According to him, seeking compliance with the directions issued based on a compromise decree dated 3.7.2018, the petitioner has been moving heaven and earth. All the attempts of the petitioner to seek execution of the order were scuttled by the mother by adopting one mode or the other.

To ensure compliance, the mother was arrested once and was released on self-bond.

He also highlighted the sequence of events from the comme

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