Back
2026 Supreme(Online)(Ker) 23661
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
AMINA HUDA U.F – Appellant
Versus
JIYAS P. K – Respondent
RP NO. 327 OF 2026 | OP (FC) NO.31 OF 2026
For the Appellants/Petitioners: SHRI.O.V.MANIPRASAD, SHRI.JOSE ANTONY, SHRI.HARIKRISHNAN P.
For the Respondents: SRI P T SHEEJISH
The court affirmed the petitioner’s sole legal parental responsibility for the child during the transition period, ensuring cooperative parenting arrangements with visitation rights for the father.
Headnote:This judgment reviews and modifies the prior order allowing the petitioner to take her child to the UK, affirming her sole legal parental responsibility for the upbringing in the UK with provisions for weekend visitation by the father until the move. The court allowed the petitioner’s request, with certain clarifications made to ensure cooperative parenting as per the judgment. The final ruling outlined responsibilities, effectively balancing the rights of both parents regarding the child during the transition period.
| Table of Content |
|---|
| 1. modification of custody arrangement. (Para 1 , 2) |
| 2. argument for visitation. (Para 3) |
| 3. court's declaration of parental responsibilities. (Para 4) |
Devan Ramachandran, J.
In paragraph 22 of the judgment sought to be reviewed, we had permitted the petitioner to take the child with her to the United Kingdom (U.K.).
2. The petitioner now seeks that it be clarified that, she has sole legal and parental responsibility of the child, so as to enable her to do as afore.
3. Sri.P.T.Sheejish - appearing for the respondent, did not oppose the afore plea; but requested that the child be allowed to be with his client at least for a few days, until he is taken by the petitioner to the U.K.
4. In the afore circumstances, we allow this review petition, modifying the judgment to the limited extent of declaring that, in addition to our directions therein, the mother will be construed to be holding sole legal parental responsibility for the child’s upbringing in the United Kingdom. However, this will be subject to the further directions in Paragraph 23 thereof.
Since it is conceded that the child has not been taken abroad by the petitioner – mother until now, we order that until it is done, the child shall be with the father every weekend hereinafter, from 10 a.m. on Saturday, till 5 p.m. on Sunday. The place of exchange for this shall be in front of the residence of the petitioner - mother.
