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2025 Supreme(Online)(Ker) 56579

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
MUHAMMED ANEES – Appellant
Versus
BASIMA NASRIN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.RAKESH
For the Respondents: SRI.K.SHIBILI NAHA, SMT.A.LOWSY, SMT.T.SWETHA, SHRI.PRABHU B.M.

Table of Content
1. challenging custody orders based on best interests of children. (Para 1 , 2 , 3)
2. assessment of children's comfort and needs in custody. (Para 4 , 5 , 6 , 7 , 8)
3. balancing parental rights while focusing on children’s welfare. (Para 9 , 10)

JUDGMENT Devan Ramachandran, J.

The petitioner challenges Ext.P3 order of the learned Family Court, Malappuram, alleging that the arrangement made therein, qua the custody of his children, is illegal and unlawful.

2. Sri.K.Rakesh – learned counsel for the petitioner, argued that, when the children are unwilling even to interact with the mother, much less live with her, the order of the learned Family Court asking them to be with her on specified days every week, as also for the holidays and vacations, would cause them immeasurable stress and trauma. He contended that, when the learned Family Court itself found the children to be alienated from the mother – which, he asserted, was only because of her own doing, since she had virtually deserted them – it could not have issued an order like Ext.P3. He prayed that, therefore, this Original Petition be allowed.

3. In response, Smt.A.Lowsy – learned counsel for the respondent, submitt

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