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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

Table of Content
1. overview of custody dispute and prior orders (Para 1 , 2 , 3 , 4)
2. petitioner's challenge and respondent's defense (Para 6 , 7 , 8)
3. court’s observations on child's wishes and behavioral response (Para 9 , 10 , 11 , 12 , 13 , 15 , 16 , 17)
4. court's reasoning regarding employment and custody (Para 18 , 19 , 20 , 21)
5. decision to allow mother's custody (Para 22)
6. conditions for custody and communication (Para 23)

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 tim

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