Back
2026 Supreme(Online)(Ker) 36993
IN THE HIGH COURT OF KERALA AT ERNAKULAM
J. Nisha Banu, Shoba Annamma Eapen, JJ
Sarathlal H. – Appellant
Versus
Rakhimol M.R. – Respondent
OP (FC) NO. 329 OF 2026
For the Appellants/Petitioners: Dhanya Babu, S. Lijus, Sarun Rajan, Vivek Varghese Edamurickal, Safva Jasmin, Fairuza P. N.
For the Respondents: Biju C. Abraham, Basil Mathew, Shihas S.
An original petition seeking interim custody of a child during a specific vacation period becomes infructuous and is liable to be dismissed once the vacation period has concluded.
Headnote:The matter pertains to a petition filed under family law provisions seeking interim custody of a minor child during the summer vacation. The Family Court had granted limited day-custody, prompting the petitioner to challenge the order in this Court seeking more extensive visitation. Upon the matter coming up for consideration, the primary issue was whether the reliefs sought in the Original Petition regarding vacation custody remained live. The court observed that the relevant period had already elapsed, rendering the petition infructuous. The final order of the Court is as follows: Accordingly, this appeal is dismissed as withdrawn.
| Table of Content |
|---|
| 1. court allows withdrawal of an infructuous petition where the relief period has expired. (Para 1 , 2) |
JUDGMENT
J.Nisha Banu, J.
The petitioner filed O.P. No.1350 of 2024 before the Family Court, Alappuzha, seeking permanent custody of his minor child, who is now aged 5 years. The respondent is his wife. The petitioner thereafter filed I.A. No.2 of 2026 seeking interim custody of the child during the summer vacation from 26.03.2026 till the end of May 2026, on every weekend from Friday evening to Monday evening, including overnight custody. By order dated 20.04.2026, the Family Court partly allowed I.A. No.2 of 2026 and granted interim custody of the child to the petitioner only from 10.00 a.m. to 5.00 p.m. on all Saturdays and Sundays until the reopening of the school after the summer vacation of 2026. Aggrieved by the said order, the petitioner has approached this Court by filing the above Original Petition.
2. Today, when the matter came up for consideration, the learned counsel for the petitioner submitted that as the vacation is over the relief sought for in the Original Petition has become infructuous and sought permission to this Court to withdraw the petition.
Accordingly, this appeal is dismissed as withdrawn
