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2026 Supreme(Online)(Ker) 23917
IN THE HIGH COURT OF KERALA AT ERNAKULAM
J. Nisha Banu, Shoba Annamma Eapen, JJ
VINAYAK K – Appellant
Versus
SEETHAL S – Respondent
OP (FC) NO. 230 OF 2026
For the Appellants/Petitioners: SHRI.SUVIN.R.MENON, SMT.PARSHATHY S.R., SHRI.ACHUTH KRISHNAN R., SMT.CRISTY THERASA SURESH
A petitioner’s request for custody can be withdrawn, resulting in dismissal without a court ruling on the merits.
Headnote:This judgment concerns OP (FC) No. 230/2026 regarding a petition filed by the appellant for overnight custody of minor children. The Family Court granted partial custody, denying overnight rights, prompting the appeal. The court ultimately dismissed the appeal as withdrawn following the request from the appellant's counsel.
| Table of Content |
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| 1. petition filed for child custody. (Para 1) |
| 2. appeal dismissed as withdrawn. (Para 2) |
J.Nisha Banu, J.
The appellant herein is the petitioner in O.P. No. 216 of 2015 on the file of the Family Court, Kozhikode. Out of care and affection towards the minor children, the petitioner filed the said O.P. On the occasion of the birthday of the elder son, the petitioner filed I.A. No. 3 of 2026 in O.P. No. 216 of 2015 seeking overnight custody of the minor children either on 16.03.2026 or on 30.03.2026. The Family Court partly allowed I.A. No. 3 of 2026 and granted custody of the children from 09:00 a.m. to 06:00 p.m. on 16.03.2026. However, the Family Court did not grant overnight custody of the children to the petitioner on either of the said dates. Aggrieved by the same, the appellant has preferred this appeal.
2. When the matter came up for hearing today, the learned counsel for the appellant sought permission to withdraw this appeal and an endorsement has been made to that effect.
Accordingly, this appeal is dismissed as withdrawn.
