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2025 Supreme(Online)(Ker) 58814

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
VARGHESE MATHEW – Appellant
Versus
SHARON MANALOOR – Respondent
CON.CASE(C) NO. 2621 OF 2025 | OP (FC) NO.655 OF 2021



Important Points

Custody arrangements must ensure the child's participation in activities is facilitated and not hindered by custody decisions.

Subject

Family Law - Child Custody

Headnote

This contempt case pertains to custody arrangements for the child as per the agreement. The respondent did not oppose custody with conditions ensuring the child's activities are not hindered. The petitioner's counsel assured they would facilitate the child's participation in events. Therefore, the case was closed without further action.

Advocates:
For the Appellants/Petitioners: SRI.JOSEPH GEORGE, SHRI.P.A.REJIMON, SMT.NIKITA NAIR C.S., SHRI.VIVEKJOS PUTHUKULANGARA, SMT.MAHIMA MERINE REJI
For the Respondents: SMT.MEREENA J.JOSEPH

Table of Content
1. custody arrangements must ensure the child's activities are unhindered. (Para 1 , 2 , 3)
2. assurances regarding the child's participation are agreed upon. (Para 4)

JUDGMENT Devan Ramachandran, J.

Even though there are various allegations and averments made and urged in this contempt case, the fact remains that the parties are in dispute only with respect to the agreed terms of custody qua their child.

2. The respondent, who was available in person today and who is represented through her learned counsel – Smt.Mereena J.Joseph, submitted that she has no objection to the child being with the father as ordered in the judgment, but that her curricular or extracurricular activities cannot be impeded.

3. Smt.Mereena J.Joseph added that the child is a gymnast, having several training commitments and events to attend; and therefore, that, if this Court is to allow the father to be in her custody, it may be clarified that he will ensure that she is able to participate in it without any impediment.

4. Sri.Joseph George – learned counsel for the petitioner, in response, submitted that his client is abroad, but will return to India on 21.12.2025. He prayed that the child be directed to be given in his custody; making an unequivocal undertaking, on behalf of his client, that he will ensure that the child will not miss any event or activity that she desires.

This is recorded.

In view of the afore consent, this contempt case is closed, since we see that no further action is necessary.

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