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2024 Supreme(Online)(KER) 2467
HIGH COURT OF KERALA
ANU SIVARAMAN, C. PRATHEEP KUMAR, JJ
DIVYA M.S – Appellant
Versus
AMITH – Respondent
OP (FC) 63/2024
DHANYA P.ASHOKAN
M.R.VENUGOPAL
S. MUHAMMAD ALIKHANPRAVEEN.K.JOY
E.S.SANEEJ(K-224/2014)PRAVEEN K. JOY
E.S.SANEEJ
DHANYA P.ASHOKAN
M.R.VENUGOPAL(K/000472/1994)
S. MUHAMMAD ALIKHAN(K/000644/2020)
ATHULYA V.R.(K/000850/2021)PRAVEEN K. JOY
E.S.SANEEJ
The best interest of the child is the paramount consideration in determining custody arrangements.
Headnote:
Interim Custody - Family Court - The court granted interim custody of the child to the father, with conditions for the mother to apply for VISA to take the child to Canada in the future.
Fact of the Case:
The court granted interim custody of the child to the father and allowed the mother to apply for VISA to take the child to Canada in the future. All other contentions including interim custody and vacation custody shall be decided by the Family Court.
Finding of the Court:
The court found that it is in the best interest of the child to grant interim custody to the father, with provisions for the mother to apply for VISA to take the child to Canada in the future.
Issues: Interim custody, VISA application, future custody arrangements
Ratio Decidendi: The best interest of the child was the primary consideration for granting interim custody to the father, with provisions for the mother to apply for VISA to take the child to Canada in the future.
Final Decision: The court granted interim custody of the child to the father and allowed the mother to apply for VISA to take the child to Canada in the future. All other contentions including interim custody and vacation custody shall be decided by the Family Court.
JUDGMENT
Dated this the 23rd day of February, 2024 Anu Sivaraman, J.
Heard the learned counsel appearing on either side. We have also communicated extensively with the child as well as both the parents through videoconferencing. At earlier occasions, we have also communicated with the maternal grandparents.
2. Having considered all the contentions advanced, we are of the opinion that it is in the best interest of the child that interim custody is granted to the father for the time being. The maternal grandparents shall produce the child before the Family Court, Thrissur on 02.03.2024. The interim custody shall be handed over to the father, who has agreed to come down on the said date, from the premises of the Family Court. The father shall be permitted to take the child to his work place on condition that all relevant details including the photostat copies of the passport, details of the residential address as well as clear details of the employment of the father and the school where admission is taken for the child are provided before the Family Court. The father shall also swear to an affidavit undertaking to remain bound by the orders of the Family Court, Thrissur and to abide by the orders passed by the said Court.
3. The mother is permitted to move the applications for VISA to take the child along with her to Canada as and when she completes her studies and has proper employment and is able to take the child subject to the satisfaction of the Family Court. It is made clear that the interim custody granted to the father is purely an interim measure and as and when the mother is able to take the child with her to Canada, she can move the Family Court with application for custody which shall be duly considered in accordance with law by the Family Court. The respondent shall also make available the passport of the child and the TC before the Family Court, Thrissur so that the father is enabled to take possession of the same and to take the child along with him.
All other contentions including interim custody and vacation custody shall be decided by the Family Court on the basis of the applications filed before the Family Court. These OP(FC)s are disposed of accordingly.
Sd/-
ANU SIVARAMAN JUDGE Sd/-
C. PRATHEEP KUMAR JUDGE NP APPENDIX OF OP (FC) 63/2024 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE POWER OF ATTORNEY Exhibit P2 TRUE PHOTOCOPY OF THE MEDIATION AGREEMENT IN GOP NO.
1537/2016 DATED 03.03.2017 Exhibit P3 TRUE PHOTOCOPY OF THE ORDER IN GOP NO. 1537/2016 DATED
24.04.2017 OF THE FAMILY COURT THRISSUR Exhibit P4 THE TRUE PHOTOCOPY OF THE ORDER IN OP NO. 2178/2017 DATED 12.04.2018 OF THE FAMILY COURT THRISSUR Exhibit P5 TRUE PHOTOCOPY OF THE ORDER IN IA NO. 3461/2018 IN GOP NO. 1537/2016 DATED 22.04.2019 OF FAMILY COURT THRISSUR Exhibit P6 TRUE COPY OF THE JUDGMENT IN OP(FC) NO. 530/2019 DATED
11.10.2019 Exhibit P7 TRUE PHOTOCOPY OF THE COMMON ORDER IN IA NO. 3707/2019 AND IA NO. 4070/2019 IN GOP NO. 1537/2016 OF FAMILY COURT, THRISSUR DATED 27.11.2019 Exhibit P8 TRUE PHOTOCOPY OF THE COMMON ORDER IN IA NO.18/2022 AND IA NO. 25/2023 IN GOP NO. 1537/2016 DATED 27.03.2023 OF FAMILY COURT, THRISSUR Exhibit P9 TRUE PHOTOCOPY OF THE PETITION NUMBERED AS IA NO.
26/2023 IN GOP NO. 1537/2016 FILED BEFORE FAMILY COURT, THRISSUR Exhibit P10 TRUE PHOTOCOPY OF THE PETITION NUMBERED AS IA NO.
27/2023 IN GOP NO. 1537/2016 FILED BEFORE THE FAMILY COURT, THRISSUR Exhibit P11 TTRUE PHOTOCOPY OF THE JUDGMENT IN OP(FC) 503/2023 DATED
10.08.20203 Exhibit P12 TRUE PHOTOCOPY OF THE PETITION NUMBERED AS IA NO.
20/2022 IN GOP NO. 1537/2016 OF THE FAMILY COURT, THRISSUR Exhibit P13 TRUE PHOTOCOPY OF THE PETITION NUMBERED AS IA NO.
40/2023 IN GOP NO. 1537/2016 OF THE FAMILY COURT, THRISSUR Exhibit P14 TRUE PHOTOCOPY OF THE OBJECTION IN IA NO. 20/2022 IN GOP NO. 1537/2016 OF FAMILY COURT, THRISSUR Exhibit P15 TRUE PHOTOCOPY OF THE OBJECTION IN IA NO. 40/2023 IN GOP NO. 1537/2016 OF FAMILY COURT, THRISSUR Exhibit P16 TRUE PHOTOCOPY OF THE JUDGMENT IN OP(
