Back
2026 Supreme(Online)(Ker) 25509
IN THE HIGH COURT OF KERALA AT ERNAKULAM
J. NISHA BANU, SHOBA ANNAMMA EAPEN, JJ
DR.VINEETHA.S – Appellant
Versus
VISAK MOHAN – Respondent
OP (FC) NO. 244 OF 2026 | IA 1/2026 IN OP NO.2721 OF 2023
For the Appellants/Petitioners: SHRI.N.KRISHNA PRASAD, SRI.P.SHANES METHAR, SHRI.A.MOHAMMED FAIZAL, SHRI.HARKISH SREETHU V.S., SHRI.ARJUN P.V., SHRI.R.SANJITH, SMT.C.S.SINDHU KRISHNAH
For the Respondents: SRI. ARAVIND – GOVERNMENT PLEADER
Court permitted withdrawal of custody challenge petition with liberty to file fresh one.
Headnote:First Paragraph: Under the Guardians and Wards Act, 1890, particularly Section 45, the Family Court dismissed an application seeking review and modification of interim custody order for the minor child. Wife challenged the order granting interim custody to husband. Court permitted withdrawal of petition. Second Paragraph: Issue framed as challenge to Family Court order on interim custody. Ratio: Petitioner sought liberty to withdraw and file fresh petition, which was granted without adjudication on merits. Last Paragraph: Original petition dismissed as withdrawn, with liberty to file fresh petition.
| Table of Content |
|---|
| 1. challenge to family court interim custody order. (Para 1 , 2) |
| 2. petition withdrawn with liberty to refile. (Para 4) |
This original petition has been filed by the wife, challenging Ext.P15 order in IA No.1 of 2026 in OP No.2721 of 2023 on the files of the Family Court, Thiruvananthapuram, in handing over the interim custody of their minor child on a platter to the husband. The petitioner and the respondent herein are the wife and the husband respectively.
2. It is the case of the petitioner that I.A. No. 1 of 2026 in O.P. No. 2721 of 2023 was filed before the Family Court, Thiruvananthapuram, on 18.01.2026 to review, reconsider and modify its earlier order and to entrust the interim custody of the minor ward to the petitioner on the 1st and 3rd Saturdays of every month and the said application was dismissed. Aggrieved by the same, the wife has come up with this Original Petition.
3. Heard the learned counsel for the petitioner.
4. Today, when the matter is taken up for consideration, the learned counsel for the petitioner seeks permission to withdraw the original petition, with liberty to file a fresh petition.
The permission is granted.
Accordingly, the original petition is dismissed as withdrawn, with liberty to file a fresh original petition, if any.
