Kerala High Court
Vishnu.V vs Sindhu on 12 April, 2024
Author: Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
OP (FC) NO. 262 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 23.03.2024 IN OPGW NO.1468
OF 2023 OF FAMILY COURT,KOLLAM
PETITIONER/S:
VISHNU.V, AGED 33 YEARS
S/O.AYYAPPAN PILLAI, THEKKETHIL VEEDU, THATTARKONAM,
T.K.M.C P.O, KOLLAM NOW RESIDING AT NEAR WATER
AUTHORITY, RAMANKULANGARA, SANGEETHA JUNCTION, KAVANAD
P.O, KOLLAM -, PIN - 691003
BY ADVS.
K.SIJU
ANJANA KANNATH
MARIYA JOSE
JOSHNA JOY
RESPONDENT/S:
SINDHU, AGED 58 YEARS
D/O.RADHA, MANIKYAM, VETTILATHAZHAM, DECENT
JUNCTION.P.O, KOLLAM -, PIN - 691577
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
OP(FC)No.262 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner herein is the respondent in OP(G&W) No. 1468 of 2023. The aforesaid petition was filed by the grandmother of a minor child seeking interim custody of the minor boy child, who is aged 3 ½ years. It appears that the mother of the child is now no more.
2. The contention of the petitioner is that the learned Family Court, Kollam was not justified in granting overnight custody of the minor ward to the grandmother. It is submitted by the learned counsel that the antecedents of the grandmother is not appreciable. It is stated that the mere fact that the child was having a cordial relationship with the Grandmother is no reason to grant overnight custody to the grandmother.
3. We have gone through the order passed by the learned Family Court and have considered the submissions. The Family court has considered all the relevant facts and also the affection that the child, who is just under 4 years of age, had with the grandmother. The Family Court has rightly noted that the Child deserves the warmth, affection and company of his maternal grandmother as his mother is no more. 3 OP(FC)No.262 of 2024
We do not find any reason to interfere. This original petition is dismissed.
sd/-
RAJA VIJAYARAGHAVAN V JUDGE sd/-
P.M.MANOJ JUDGE das 4 OP(FC)No.262 of 2024 APPENDIX OF OP (FC) 262/2024 PETITIONER EXHIBITS Exhibit P1 THE COPY OF AFFIDAVIT AND PETITION FILED BY THE RESPONDENT/PETITIONER IN I.A NO.1/2023 IN OP(G&W) NO.1468/2023 DATED 23.12.2023 Exhibit P2 THE COPY OF OBJECTION WAS FILED AGAINST I.A NO.1/2023 IN OP (G&W) NO.1468/2023 DATED 24.2.2024 BEFORE THE FAMILY COURT, KOLLAM Exhibit P3 THE COPY OF ORDER IN I.A NO.1/2023 IN OP(G&W) NO.1468/2023 DATED 23.3.2024 ON THE FILE OF FAMILY COURT, KOLLAM