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2026 Supreme(Online)(Ker) 10167

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
AMINA HUDA U.F – Appellant
Versus
JIYAS P.K – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.O.V.MANIPRASAD, SHRI.JOSE ANTONY, SHRI.HARIKRISHNAN P.
For the Respondents: SRI.B.KRISHNA MANI, SMT.N.V.SANDHYA, SMT.DHANUJA M.S

JUDGMENT

Devan Ramachandran, J.

The petitioner was earlier married to the respondent; but the matrimony went into rough waters, thus culminating in their divorce.

2. It transpires that the respondent, thereupon, filed OP No.457/2023 before the learned Family Court, Vadakara, seeking permanent custody of his now 5 year old son, in which, the petitioner filed IA No.12/2025 seeking his interim custody and to take him with her to the United Kingdom (in short, the UK), where she is working. This application was allowed through the Ext.P3 order, against which, the respondent filed OP(FC) No.194 of 2025 before this court, which was allowed through the Ext.P4 judgment. In the said judgment, it is recorded that the petitioner - mother was not, at least at that time, in full capacity to take the child with her to the UK; and this is evident from the observations of this court in paragraph 6 thereof. This was because, she had admitted that she was trying to obtain a permanent employment, which would enable her to take care of the child as any mother would; and hence this Court thought it better not to allow her to take the child with her at that time, but clarified that until she becomes capable

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