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2026 Supreme(Online)(Ker) 12951

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
PRAJEESH PRABHU – Appellant
Versus
DEEPA – Respondent
OP (FC) NO. 129 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.N.L.BITTO

A previous custody order does not limit the Family Court's authority to make future custody decisions.

Headnote:Statute Analysis: The petitioner contests the order concerning custody based on apprehensions related to future custody decisions. Facts of the Case: The petitioner argues against an order extending custody beyond specific dates, claiming it threatens his future custody rights.

Findings of Court:
The court clarified that prior orders would not impede future decisions by the Family Court.

Issues: The court framed questions regarding the implications of prior orders on future custody.

Ratio Decidendi: The court reasoned that elapsed orders do not restrict new inquiries by the Family Court, ensuring it retains full decision-making authority.

Result: This Original Petition is thus closed.

Table of Content
1. petitioner disputed prior custody order. (Para 1 , 2 , 3)
2. court confirms authority for future custody decisions. (Para 4)
3. petition is hereby closed. (Para 5)

JUDGMENT Devan Ramachandran, J.

The petitioner challenges Ext.P3 order of the learned Family Court, Irinjalakkuda; but concedes that the period of interim custody of the child, ordered in his favour, has now elapsed. 2. The learned counsel for the petitioner – Sri.N.L.Bitto, submitted that his client has challenged Ext.P3 only because he apprehends that the same will stand against him, when he is to seek further interim custody of the child.

3. We cannot find favour with the afore submissions because, Ext.P3 merely says that the child will be given in custody to the petitioner on 28.12.2025 and 30.12.2025 only. This Original Petition has been filed on 19.02.2026, more than two months thereafter; and we cannot understand why.

4. However, adverting to the apprehension voiced, we clarify that nothing contained in Ext.P3 will fetter or trammel the learned Family Court from taking appropriate decisions in future.

5. As regards the second prayer, namely that this Court make an arrangement for the interim custody of the child, it is unnecessary to say that it can never be considered or granted by us. The petitioner will have to move the learned Family Court appositely.

This Original Petition is thus closed.

Sd/-

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