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2026 Supreme(Online)(Ker) 7672

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
NANOOSH.E.U – Appellant
Versus
HASEENA RANI – Respondent
OP (FC) NO. 65 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.K.M.FIROZ, SMT.M.SHAJNA
For the Respondents: SRI M G SREEITH

Custody arrangements can be modified via mutual consent to enhance visitation rights of a parent.

Headnote:The petitioner challenges an order for child custody by the Family Court directing immediate handover to the mother. The court refrains from examining details as compliance is confirmed. The remaining dispute on visitation rights is resolved through mutual agreement, enhancing father's access. This Original Petition is allowed in part, modifying earlier orders.

Table of Content
1. petitioner challenges family court order regarding child custody. (Para 1 , 2)
2. visitation rights resolved through mutual agreement. (Para 3 , 4 , 5)
3. court modifies interim custody orders and commends legal counsel. (Para 6 , 7)

Devan Ramachandran, J.

The petitioner challenges Ext.P10 order of the learned Family Court, Ernakulam, because it has directed him to hand over custody of the child to the respondent -mother, forthwith.

2. We are not required to enter into the merits of the impugned order because, it is admitted that the former has complied with it. We certainly appreciate the petitioner and his learned counsel for doing so; and it augers well for the child.

3. The sole remaining issue between the parties is as to the visitation/interim custody rights the father should enjoy over the child.

4. We are pleased that both sides are in agreement on this also.

5. The mother concedes that the child can be with the father from 10 a.m. every 1st and 3rd Saturdays, till 5 p.m. the ensuing Sundays. This is accepted by Smt.M.Shajna - learned counsel appearing for the petitioner.

6. In the afore circumstances, we allow this Original Petition in part; and modify Ext.P10 order, enhancing the interim custody rights of the father over the child, to be from 10 a.m. every 1st and 3rd Saturdays, till 5 p.m. the ensuing Sundays. The place of exchange for this shall be in front of the residence of the mother.

7. The further directions in the impugned order, namely Nos.4, 5 and 6 are vacated on account of the afore arrangement. As regards direction No.7, on every day when the father is not in interim custody of the child, he will be entitled to speak to him on phone – both video and voice calls - from 7 p.m to 8 p.m.

We close this judgment, commending the learned counsel on both sides, because we are certain that their clients have been able to resolve disputes on account of their involvement.

Sd/-

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