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2013 Supreme(Online)(KER) 9126

HIGH COURT OF KERALA
ANTONY DOMINIC, P.D.RAJAN, JJ
THASLEENA – Appellant
Versus
NISAR BABU – Respondent


JUDGMENT

ANTONY DOMINIC, J.

This is the second round of litigation before this Court, that during the pendency of the main OP between the parties before the Family Court, Tirur.

2. The petitioner and the respondent are wife and husband and in their wedlock they have a minor male child. The parties are at loggerheads and the husband filed OP No.1137 of 2012 before the Family Court, Malappuram for the custody of the child. In that OP, he filed I.A.No.2321/2012 praying for interim custody of the child. On that I.A., the Family Court passed Ext.P2 order directing the wife to give custody of the child to the husband on every Monday and Thursday between 9 am and 1 pm.

3. Thereafter the wife filed Ext.P3 I.A seeking modification of Ext.P2 order. On that I.A, the Family Court passed Ext.P4 order modifying the venue specified in Ext.P2 and directing that the child be produced at the Tirur Police Station. Subsequently also there were interlocutory orders passed and finally, wife again filed Ext.P9, I.A.No.1718 of 2013 seeking modification of Ext.P2 as modified by Ext.P4 by reducing interim custody to one day in a month. Husband objected to the prayer by filing Ext.P9(a) counter affidavit and fi

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