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HIGH COURT OF KERALA
A.M.SHAFFIQUE, K.RAMAKRISHNAN, JJ
RESMI UNNIKRISHNAN – Appellant
Versus
ANILKUMAR – Respondent
OP (FC)/185/2017
Custody - Family Law - Family Court Order - Modification of Interim Custody Arrangement
Fact of the Case:
The petition challenges a Family Court order granting interim custody of a minor child to the father for a specified period, with the mother objecting to night custody due to concerns over care.
Finding of the Court:
The court determined that the child's best interests warranted modifying the initial order, allowing for a more balanced custody arrangement during the specified dates.
Issues: Whether the interim custody arrangement should be modified to better serve the child's welfare and the parents' concerns.
Ratio Decidendi: The court prioritized the child's welfare over strict adherence to the original custody arrangement, demonstrating flexibility in addressing parental concerns.
Final Decision: The interim custody arrangement was modified as detailed in the judgment.
JUDGMENT
A .M.Shaffique , J:
This original petition is filed challenging the order dated 15.03.2017 in I.A.No.869/2017 in O.P.No.1880/2016, by which the Family Court allowed the application filed by the respondent herein and directed the interim custody of the minor child Anaka Anilkumar to the respondent herein from
03.04.2017 to 15.04.2017.
2. The main contention urged by the petitioner herein that, she has no difficulty in handing over the child to the father during day time, but during night hours she feels that the child will get more care and protection with the mother.
3. We have interacted with the child and also both the parents.
Taking into consideration the factual situation and the plight of the mother, we are of the view that the aforesaid order can be modified as under:
i. The interim custody of the minor child Anaka Anilkumar shall remain with the respondent/father up to 08.04.2017 till 10 a.m., and thereafter the child shall be handed over to the mother.
ii. The mother shall return the child to the father on 11.04.2017 at
10 a.m., and the child shall remain with the father until 14.04.2017 till 10 a.m.
iii. During the vacation time up to 1st June, 2017, the child shall be given to the father on all Saturdays and Sundays at 10.00 a.m., till 5.00 p.m.
iv. The child shall be taken and handed over at the Family Court premise Ernakulam at the aforesaid time.
v. Ext.P8 order shall stand modified in terms of the aforesaid order.
The original petition is disposed of.
Sd/-
(A.M.Shaffique, Judge)
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