Kerala High Court
Arun J.S vs Rani S on 1 July, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
2025:KER:47659
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
OP (FC) NO. 353 OF 2025
OPGW NO.423 OF 2022, FAMILY COURT, NEYYATTINKARA
PETITIONER/PETITIONER:
ARUN J.S, AGED 36 YEARS
S/O JAYAKUMAR, ALAMPARA THEKKE PUTHEN VEEDU,
NARANI, KUNNATHUKAL P.O, THIRUVANANTHAPURAM,
PIN - 695504.
BY ADVS. SMT.NIKITA NAIR C.S.
SRI.JOSEPH GEORGE
SRI.T.G.SUNIL (PERUMBAVOOR)
RESPONDENT/RESPONDENT:
RANI S, D/O SARASU,
THENGUKUZHI MELE PUTHEN VEEDU, KODANNOOR,
KOOVALASERRY P.O, THIRUVANANTHAPURAM,
PIN - 695512.
SRI.RENJU MOHAN
SMT.SAREENA S., SRI.PYARIN B.KURUVITHADAM
SMT.THEERTHA NAIR
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
01.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Devan Ramachandran, J.
Though the petitioner challenges Ext.P4 order of the learned Family Court, Neyyattinkara
- which permitted the respondent to take the child to the United Kingdom (UK) with her - he is now ready to allow such, provided some of his conditions are satisfied.
2. The change of scenario happened because the parties were before us yesterday, along with the child, and we allowed them to interact, leading to an effective discussion between them.
3. After such interaction, when we talked to the parties, the petitioner agreed that the child can be taken by the respondent to the U.K., however, only if he is allowed to talk to 2025:KER:47659 OP (FC) NO. 353 OF 2025 -3- the child every day through video call; and that her citizenship and name are not altered without his permission. He also required that the child be brought by the respondent to India at least once in a year, coinciding with her school recess, for a minimum period of 30 days, out of which he be granted at least 25 days to be with her.
4. The learned counsel for the respondent acceded to the afore suggestions; however, requesting that this Court modify the impugned order, allowing his client to be not only the sole custodian but also the "parent with sole responsibility for the child's upbringing", as required to obtain Visa for travel and stay in the U.K.
5. Pertinently, the petitioner accepted 2025:KER:47659 OP (FC) NO. 353 OF 2025 -4- the afore suggestion, but pleaded that it be clarified that this may not be construed as him having no rights over the child and that the afore status is being offered to the mother only for the purpose of taking the child to the U.K. and for her residence there.
In view of the above consent, it is now unnecessary for us to write a long judgment; and therefore, dispose of this Original Petition with the following directions, thus modifying Ext.P4:
(a) The respondent - mother is confirmed to be the sole custodian and the parent with sole responsibility for upbringing of the child
- Niya Arun; and consequently, she is permitted to take the latter with her to the U.K.
(b) The respondent shall, as has been 2025:KER:47659 OP (FC) NO. 353 OF 2025 -5- ordered in Ext.P4, furnish her residential and official credentials, along with her e-mail address and phone number, before the learned Family Court, before the child is finally taken to U.K.
(c) The petitioner is permitted to talk to the child after she reaches the U.K., every day between 7:00 p.m. and 9:00 p.m. (U.K. time);
however, ensuring that it does not interfere with her curricular or extracurricular activities. We record the undertaking of the learned counsel for the respondent that his client shall facilitate this without any impediment.
(d) The respondent will bring the child to Kerala at least once every year on any of her school holidays/vacations as per the school 2025:KER:47659 OP (FC) NO. 353 OF 2025 -6- calendar; however, for a minimum period of 30 days, out of which the petitioner will be entitled to her interim custody for 25 days. For this purpose, we direct the respondent to inform the petitioner of her next arrival to Kerala at least two weeks in advance, so that he can then make arrangements to take custody and retain the child with him for the aforementioned duration. The place of exchange for this, as agreed by the parties, will be in front of the residential gate of the house of the mother in Kerala, namely at Thiruvananthapuram.
(e) The afore arrangement will continue until such time as any other order is issued by the learned Family Court.
After we dictated this part of the judgment, the learned counsel for the petitioner 2025:KER:47659 OP (FC) NO. 353 OF 2025 -7- requested that the parties be allowed an opportunity to settle all other disputes between them.
We cannot interfere with the afore liberty of the parties; and we, therefore, leave it open to them to make such effort and report to the learned Family Court as per law.
Sd/-
DEVAN RAMACHANDRAN JUDGE Sd/-
M.B.SNEHALATHA
akv JUDGE
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APPENDIX OF OP (FC) 353/2025
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE O.P (G & W)
NO:1346/2018 OF THE FILES OF THE HON'BLE FAMILY COURT NEDUMANGADU, WHICH WAS LATER TRANSFERRED TO HON'BLE FAMILY COURT NEYYATTINKARA, RENUMBERED AS O.P (G & W) NO:423/2022 EXHIBIT P2 A TRUE COPY OF I.A 2/2025 IN O.P(G&W) NO:423/2022 EXHIBIT P3 A TRUE COPY OF I.A 3/2025 IN O.P(G&W) NO:423/2022 EXHIBIT P4 A TRUE COPY OF THE COMMON ORDER DATED 05-04-2025 IN O.P.(G&W) 423/2022