Sreedevi vs Baiju
2023 Latest Caselaw 8933 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
        THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
 MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                    MAT.APPEAL NO. 385 OF 2023
    AGAINST THE JUDGMENT OP 547/2018 OF FAMILY COURT,
                             THRISSUR
APPELLANT/PETITIONER:

         SREEDEVI, AGED 38 YEARS, ALAPPIL HOUSE,
         AMALANAGAR P.O.,PUZHAKKAL VILLAGE, THRISSUR, PIN
         - 680 555

         BY ADV RASMI NAIR T.



RESPONDENT/RESPONDENT:

         BAIJU, AGED 46 YEARS, S/O. GOVINDAN,
         IRUMBRANELLUR HOUSE , IYYAL P.O., CHIRANELLUR
         VILLAGE, THALAPPILLY TALUK, PIN - 680 501

         BY ADVS.
         SHIBIN K F
         SEBY JOSEPH(K/71/1996)




     THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
14.08.2023,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 MAT.APPEAL NO. 385 OF 2023

                                 ..2..




                     J U D G M E N T

A. Muhamed Mustaque, J.

This appeal was preferred by the mother challenging

the decree and judgment in a permanent custody matter

tried by the Family Court, Thrissur in O.P No.547 of 2018. The above original petition was filed by her and

the Family Court disposed of the matter with the

following directions:

"In the result, the original petition is dismissed.

However, the petitioner/mother is permitted to have regular interaction with the children through video call on every Sunday between 7 pm and 8 pm and the petitioner is further allowed to visit the minors on every 1 st and 3rd Saturday between 2 pm to 5 pm at the office of the this Court."

2. On last occasion, we summoned the parties and

interacted with them. On interaction, we found that the

children are comfortable with the father and the children

have attained the intelligence to form their own opinion.

The children are affirm in their stand and they want to

be with their father. The children even do not want to

recognise their mother.

3. The Family Court by a detailed order found that

children are comfortable with the father. In paragraph MAT.APPEAL NO. 385 OF 2023

..3..

50 of the order, it was observed as follows:

"Both minors were produced before me and I had interacted with them. Both children are capable of expressing their intelligent preference. Both minors have stated that they do no want to go with their mother. They have further stated that both of them are comfortable in the custody of their father and grandparents. The learned counsel for the respondent has stated that he has now left the job abroad and available in the native place so as to look after the minors in a proper manner."

Taking note of the facts and circumstances, we are

of the view that the Family Court was justified in

granting permanent custody to the father with visitorial

rights granted to the mother. We find no reason now to

interfere with the order passed by the Family Court.

Accordingly, the appeal stands failed and accordingly,

dismissed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE PR