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2026 Supreme(Online)(Ker) 15388

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. J. NISHA BANU, MRS. SHOBA ANNAMMA EAPEN, JJ
PRASANTH KUMAR – Appellant
Versus
SANITHA BALAKRISHNAN – Respondent
MAT.APPEAL NO. 714 OF 2015 | OP NO.339 OF 2015



Advocates:
For the Appellants/Petitioners: SRI.PHILIP T.VARGHESE, SMT.ACHU SUBHA ABRAHAM, KUM.CHITHRA CHANDRASEKHARAN, SMT.K.R.MONISHA, SRI.THOMAS T.VARGHESE
For the Respondents: SHRI.A.S.BENOY, SHRI.JIMMY GEORGE, SHRI.N.S.MOHAMMED USMAN, SMT.PRIYA DEVI.P

Appeals regarding guardianship become moot when the child reaches majority.

Headnote:The appeal, challenging the Family Court's dismissal of a guardianship petition and allowance of a counter claim regarding a minor's custody, was rendered moot as the child has attained majority. The court dismissed the appeal as infructuous, considering the submissions of both parties.

Table of Content
1. issue of guardianship and custody of a minor child. (Para 1 , 2)

JUDGMENT

J.Nisha Banu, J.

This matrimonial appeal has been filed by the husband challenging the impugned judgment dated 08.05.2015 in OP No. 339 of 2015 on the files of the Family Court, Ernakulam. The respondents are his wife and the father-in-law.

2. The original petition was filed by the husband for declaration of guardianship of the minor child, in which a counter claim was also filed by the wife along with her father. By the impugned judgment, the Family Court dismissed the original petition and allowed the counter claim, as follows:

“In the result, the prayer of the petitioner for declaration of guardianship of the ng Fam minor child Devika is disallowed. The counter claim is allowed; appointing the first respondent mother o as the guardian of the minor child Devika and she is entitled to have permanent custody of the ularly so minor child. The petitioner/mother is allowed to take minor Devika along with her to USA, s in the reserving the visitorial right of her father during every year. The petitioner shall meet the ted by expenses for travel of the child, to and fro, for giving access of the child to her father during et that vacation period of the school, without affecting the studies of the child. Parties are directed to suffer their

cost.”

The husband has come up in appeal seeking to set aside the impugned

judgment or to modify the same.

3. Today, when the matter is taken up for consideration, the

learned counsel for the husband as well as the wife would submit that the

child has attained majoirity and is now 24 years old; and hence, the matter has become infructuous.

Recording the submission as above, the appeal is dismissed as infructuous.

Sd/-

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