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2024 Supreme(Online)(KER) 6500
HIGH COURT OF KERALA
ANU SIVARAMAN, C. PRATHEEP KUMAR, JJ
DIVYA.M.S – Appellant
Versus
AMITH – Respondent
OP (FC) 108/2024
DHANYA P.ASHOKAN
M.R.VENUGOPAL
S. MUHAMMAD ALIKHANPRAVEEN.K.JOY
E.S.SANEEJ(K-224/2014)PRAVEEN K. JOY
E.S.SANEEJATHULYA V.R.(K/000850/2021)
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 father to provide details and abide by the court's orders. The mother was permitted to apply for a VISA to take the child to Canada in the future, subject to the satisfaction of the Family Court.
Fact of the Case:
The court granted interim custody of the child to the father and permitted the mother to apply for a VISA to take the child to Canada in the future.
Finding of the Court:
The court found that it was in the best interest of the child to grant interim custody to the father and allowed the mother to apply for a 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 and allowing the mother to apply for a VISA to take the child to Canada in the future.
Final Decision: The court granted interim custody of the child to the father and permitted the mother to apply for a VISA to take the child to Canada in the future.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN &
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945 OP (FC) NO. 683 OF 2023 AGAINST THE ORDER/JUDGMENT OP 1537/2016 OF FAMILY COURT,THRISSUR PETITIONER:
AMITH T.S.
AGED 40 YEARS S/O. SOMAN, THANDASSERY HOUSE, PAZHUVIL WEST DESOM & P.O., KURUMBILAV VILLAGE, THRISSUR TALUK & DISTRICT. REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SOMAN, AGED 65, S/O. RAMAN, PAZHUVIL WEST DESOM, KURUMBILAVU VILLAGE, PAZHUVIL P.O. WEST, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680564 BY ADVS.
DHANYA P.ASHOKAN M.R.VENUGOPAL S. MUHAMMAD ALIKHAN RESPONDENT:
DIVYA M.S.
AGED 34 YEARS W/O. SWAROOP & D/O. SUKUMARAN, MONEKKATTU HOUSE, KANNARA DESOM &
P.O., NEAR COMPANY PADI, PANANCHERY VILLAGE, THRISSUR DISTRICT, PIN -
680652 BY ADVS.
PRAVEEN.K.JOY E.S.SANEEJ(K-224/2014)
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 23.02.2024, ALONG WITH OP (FC).63/2024, 108/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN &
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945 OP (FC) NO. 63 OF 2024 AGAINST THE ORDER/JUDGMENT GOP 1537/2016 OF FAMILY COURT,THRISSUR PETITIONER:
DIVYA M.S AGED 31 YEARS D/O SUKUMARAN, MONEKATTU HOUSE, KANNARADESOM, NEAR COMPANYPADI, KANNARA P.O.,THRISSUR DISTRICT REPRESENTED BY POWER OF ATTORNEY HOLDER SUKUMARAN.M.N, AGED 71 YEARS, S/O NARAYANAN, MONEKKATTU HOUSE, COMPANYPADI, KANNARA, PEECHI, THRISSUR, PIN - 680652 PRAVEEN K. JOY E.S.SANEEJ RESPONDENT:
AMITH AGED 37 YEARS S/O SOMAN, THANDASSERY HOUSE, PAZHUVIL WEST DESOM, KURUMBILAVU VILLAGE, PAZHUVIL P.O WEST, THRISSURTALUK, THRISSUR DISTRICT, PIN -
680564 DHANYA P.ASHOKAN M.R.VENUGOPAL(K/000472/1994)
S. MUHAMMAD ALIKHAN(K/000644/2020)
ATHULYA V.R.(K/000850/2021)
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 23.02.2024, ALONG WITH OP (FC).683/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN &
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945 OP (FC) NO. 108 OF 2024 AGAINST THE ORDER/JUDGMENT GOP 1537/2023 OF FAMILY COURT,THRISSUR PETITIONER:
DIVYA.M.S AGED 31 YEARS D/O SUKUMARA, MONEKATTU HOUSE, KANNARA DESOM, NEAR COMPANYPADI, KANNARA P.O, THRISSUR DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER, SUKUMARAN.M.N, AGED 71 YEARS, S/O NARAYANAN, MONEKKATTU HOUSE, COMPANYPADI, KANNARA, PEECHI, THRISSUR, PIN - 680652 BY ADVS.
PRAVEEN K. JOY E.S.SANEEJ RESPONDENT:
AMITH AGED 37 YEARS S/O SOMAN, THANDASSERRY HOUSE, PAZHUVIL WEST DESOM, KURUMBILAVU VILLAGE, PAZHUVIL P.O, WEST, THRISSUR TALUK, THRISSUR DISTRICT, PIN -
680564 THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 23.02.2024, ALONG WITH OP (FC).683/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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
