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2021 Supreme(Online)(KER) 2124

HIGH COURT OF KERALA
A. Muhamed Mustaque, Kauser Edappagath, JJ
AJITH ALEXANDER MARIAN – Appellant
Versus
JOSEPHINE NEETHU KADUDOSE@ NEETHU AJITH – Respondent


Advocates:
V.PHILIP MATHEW, CAROLIN SINDHU VAZ, P.A.JAIMOLE

JUDGMENT

A.Muhamed Mustaque, J.

This original petition has been filed seeking the following reliefs:

i. Set aside Exts.P4 and P5 Orders to the extent it refuses interim custody of the child granted as per Ext.P2 and as prayed in Ext.P3.

ii.Issue appropriate orders granting interim custody of the minor child Alvin Ajith Marian to the petitioner for a continuous period of 60 days from the date of order in this case.

2. The petitioner is mainly aggrieved by orders passed by the Family Court, Ernakulam vide Exts.P4 and P5. According to the petitioner, when Ext.P2 order is in force in regard to the interim custody, the Family Court could not have passed Exts.P4 and P5 orders in reviewing the same, that too in a suo motu proceedings.

3. In fact, by earlier order, produced as Ext.P2, the Family Court ordered to give interim custody of the child to the father, who is the petitioner herein during the summer holidays. Thereafter, on the date the petitioner came to collect the child, the Family Court suo motu passed an order to keep the earlier order in abeyance, taking note of the pandemic situation in the State.

4. The learned counsel for the petitioner submitted that the Family Court has no powe

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