Prasad V. Prabhakaran vs Shriya P. Srinivas
2025 Latest Caselaw 8335 Ker

Citation : 2025 Latest Caselaw 8335 Ker
Judgement Date : 29 April, 2025

Kerala High Court

Prasad V. Prabhakaran vs Shriya P. Srinivas on 29 April, 2025

                                                              2025:KER:33286
O.P.(FC)No.268/2025
                                         -:1:-

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                        THE HONOURABLE MR. JUSTICE G.GIRISH

                                          &

                      THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

          TUESDAY, THE 29TH DAY OF APRIL 2025 / 9TH VAISAKHA, 1947

                              OP (FC) NO. 268 OF 2025

          IN OP NO.392 OF 2024 OF FAMILY COURT, IRINJALAKUDA

PETITIONER/PETITIONER IN OP:

                  PRASAD V. PRABHAKARAN,
                  AGED 49 YEARS,
                  S/O V. PRABHAKARAN, VALIYAPARAMBIL HOUSE,
                  GROVER LANE, NEAR S.N. JUNCTION,
                  TRIPUNITHURA, ERNAKULAM,
                  PIN - 682301

                  BY ADVS.P.G.JAYASHANKAR
                          PUSHPAVATHI.K
                          S.RAJEEV (K/001711/2019)
                          SAJANA V.H
                          SHAIJU GEORGE


RESPONDENT/RESPONDENT IN OP:

                  SHRIYA P. SRINIVAS,
                  AGED 47 YEARS,
                  D/O SIRINIVASAN, PAMBUKATTIL HOUSE,
                  POOLANI DESOM , MELOOR VILLAGE AND POST ,
                  CHALAKKUDI, PIN - 680311


      THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION                 ON
29.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                  2025:KER:33286
O.P.(FC)No.268/2025
                                          -:2:-



                                  JUDGMENT

G. GIRISH,J.

The petitioner is the father of an 11-year-old male child, aggrieved

by the non-consideration of Ext P3 application filed by him before the

Family Court, Irinjalakuda, for granting interim custody of the said child

to him. It is stated that the learned Judge of the Family Court,

Irinjalakuda, posted the above application to 02.09.2025 without paying

any heed to the fervent appeal of the petitioner to have custody of the

said child during the summer vacation.

2. Heard the learned counsel for the petitioner.

3. Having regard to the nature of the reliefs sought for by the

petitioner, we deem it appropriate to dispense with the issuance of notice

to the respondent.

4. The petitioner, being the biological father of the child, is fully

justified in seeking the interim custody of the child. However, the Family

Court concerned has to look into all the relevant aspects after interacting

with the child, and also considering the feasibility of granting overnight

custody of the child to the petitioner. All those aspects are left open to

be decided by the learned Judge of the Family Court, Irinjalakuda. But, 2025:KER:33286

it is imperative that the Family Court has to consider Ext P3 application

on merits, as expeditiously as possible and pass orders.

5. Therefore, we deem it appropriate to dispose of this original

petition with the following direction:-

The Family Court, Irinjalakuda, is directed to consider Ext P3

application filed by the petitioner as expeditiously as possible, at any

rate, within a period of 10 days from the date of receipt of a copy of this

judgment, and to pass orders regarding the interim custody of the child,

after affording opportunity to both parties to advance arguments, and

also after interacting with the child.

Sd/-

G.GIRISH,JUDGE

Sd/-

K. V. JAYAKUMAR,JUDGE

DST/29.04.2025 2025:KER:33286

APPENDIX

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE OP NO. 392/2024 ON THE FILES OF THE FAMILY COURT, IRINJALKAKUDA, FILED BY THE PETITIONER

EXHIBIT P2 A TRUE COPY OF THE IA NO. 2/2024 IN EXT P1 OP, ON THE FILES OF THE FAMILY COURT, IRINJALAKKUDA

EXHIBIT P3 A TRUE COPY OF I.A. NO. 10/2025 IN GOP NO.