Vishnu.V vs Sindhu
2024 Latest Caselaw 10945 Ker

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.

We do not find any reason to interfere.

This original petition is dismissed.

sd/-

RAJA VIJAYARAGHAVAN V JUDGE

sd/-

P.M.MANOJ JUDGE das

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