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2026 Supreme(Online)(Ker) 3169

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
ANMARIYA – Appellant
Versus
BIBIN – Respondent


Advocates:
For the Appellants/Petitioners: Shri.Sameer M Nair, Sri.Manu Ramachandran, Sri.R.Rajesh (Varkala), Sri.M.Kiranlal, Sri.T.S.Sarath, Smt.Aiswarialakshmi Thekkeppat, Smt.Sailakshmi Menon, Shri.Sabikh Mohammed V.S, Shri.Harisankar R, Shri.Joseph T. Kootakkara
For the Respondents: Sri.E.Vijjin Karthik, Smt.Pooja P.

Table of Content
1. custody order challenges in court. (Para 1 , 2)
2. child's interaction and comfort during custody. (Para 3 , 4)
3. best interest of the child in custody cases. (Para 6 , 7 , 8)
4. dismissing the petition and affirming the lower court's order. (Para 9 , 10)

JUDGMENT Devan Ramachandran, J.

The petitioner, who is the mother of a 7 year old girl, impugns Ext.P5 order of the learned Family Court, Trissur, which allowed the respondent-father to be in her interim day custody on alternative Saturdays and Sundays; along with overnight custody during the first five days of Onam and Christmas holidays, as also the first 20 days during the Summer Vacation.

2. Sri.Sameer M. Nair – learned counsel for the petitioner, submitted that the impugned order, in fact, varies the judgment and decree of the learned Family Court because, it only allowed the respondent to be in interim custody of the child for certain days without any overnight custody having been granted. He argued that, in such circumstances, the learned Court ought not to have issued the impugned order, particularly because the child is unwilling and even scared to be with her father, much less spend time with him overnight.

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