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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
SHYAMA S NAIR – Appellant
Versus
DHANEESH D D – Respondent
| Table of Content |
|---|
| 1. challenge to custody based on previous court orders and agreements. (Para 1 , 2 , 3) |
| 2. previous agreement on custody may be deemed untested and non-binding. (Para 4 , 5 , 6) |
| 3. court emphasizes children's welfare over reliance on documents. (Para 7 , 8 , 9) |
| 4. agreement on viable custody arrangement favored by court. (Para 10 , 11) |
JUDGMENT Devan Ramachandran, J.
The petitioner challenges Ext.P3 order of the learned Family Court, Thiruvalla, in IA No.1/2025 in OP(G&W)No.539/2025 because, she had been given custody over her children only during the weekends.
2. Smt.Lekshmi S.Nair – learned counsel for the petitioner, argued that no cogent reason had engaged the attention of the learned Family Court, to have denied her client the request for interim custody of her children, but to be confined only to weekends; and hence that the impugned order is in error.
3. Smt.Swapna Vijayan – learned counsel for the respondent, on the other hand, submitted that the learned Family Court has correctly relied upon an Agreement between the parties, wherein, the permanent custody of the children has been handed over by the petitioner to the respondent. She argued that, when such an Agree
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