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2026 Supreme(Online)(Ker) 25025

IN THE HIGH COURT OF KERALA AT ERNAKULAM
J. NISHA BANU, SHOBA ANNAMMA EAPEN, JJ
SANTHOSH – Appellant
Versus
JISHA SATHYAN – Respondent
MAT.APPEAL NO. 625 OF 2015 | OP NO.530 OF 2013



Advocates:
For the Appellants/Petitioners: SRI.R.O.MUHAMED SHEMEEM
For the Respondents: SRI.GIGIMON ISSAC, SRI.A.K.JAYAPRAKASH

Custody matters become moot when the child attains majority, rendering further adjudication unnecessary.

Headnote:The judgment addresses the appeal filed to set aside the decree from the Family Court, Muvattupuzha regarding guardianship and custody of a minor child. Following the prior divorce and custody proceedings, the court acknowledges that the child has now attained majority, leading to the conclusion that the matter is moot. The court ultimately dismisses the appeal as infructuous.

Table of Content
1. appeal regarding custody based on prior marital proceedings. (Para 1 , 2)
2. child's attainment of majority makes custody issue moot. (Para 4)

JUDGMENT

Dated this the 18th day of March, 2026 Nisha Banu, J.

This appeal is filed by the appellant seeking a direction from this Court to set aside the judgment and decree dated 21.10.2014 passed by the Family Court, Muvattupuzha in O.P. No.530 of 2013, filed by the petitioner/husband of the respondent herein.

2. The brief facts of the case is that the appellant is the husband of the respondent and their marriage was solemnized on 23.03.2003 and a daughter was born out of the wedlock. O.P. No.896 of 2009 which was filed by the respondent herein for divorce was subsequently allowed and the interim custody of the minor child was handed over to the respondent herein with visitation rights to the appellant herein. O.P. No.530 of 2013 which was filed by the petitioner/husband for guardianship and permanent custody of his minor daughter was dismissed by the Family Court, Muvattupuzha.

4. Today when the matter is taken up for hearing, the learned counsel appearing for the appellant would state that the minor child, whose guardianship and permanent custody was sought for by the appellant, has now become major and therefore nothing survives for adjudication.

Accordingly, the appeal is dismissed as infructuous.

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