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2023 Supreme(Online)(KER) 13809

HIGH COURT OF KERALA
A. Muhamed Mustaque, SOPHY THOMAS, JJ
ASWATHY EDISON – Appellant
Versus
SANTHOSH KUMAR – Respondent


Advocates:
ADITHYA RAJEEV S.PARVATHI, ADV.N.BIJA KRISHNA NARAYAN

JUDGMENT

A.Muhamed Mustaque, J.

This original petition was filed challenging an order of the Family Court, Nedumangadu. The said order reads thus:

The children shall be produced before the court by the 1st respondent on every alternative days commencing from 03.04.2023 at 10.00 a.m. and the 1st respondent shall hand over to the petitioner/husband who shall return the children to the 1st respondent before 5.00 p.m. on the same day. The case will be considered after a period of two weeks.

It is stated in the order that the custody application will be considered after two weeks.

It is appropriate that the application for interim custody shall be considered by the Family Court after hearing both sides. In the meanwhile, we direct the Child Welfare Committee, Thiruvananthapuram, to file a report after conducting necessary enquiry in regard to the custody of the children with the mother. The report shall be filed before the Family Court, Nedumangad, within three weeks. Thereafter, the application for interim custody shall be disposed of. Till such application is disposed of, the mother shall retain custody of the children.

The Registry shall forward a copy of this judgment to the Child Welfare

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