Kerala High Court
Fasalu vs Annath on 21 August, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
2025:KER:63199
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA,
1947
OP (FC) NO. 405 OF 2025
AGAINST THE ORDER DATED 19.06.2025 IN IA 2/2024
IN GOP NO.912 OF 2024 OF FAMILY COURT, KUNNAMKULAM
PETITIONER/RESPONDENT/RESPONDENT:
FASALU, AGED 35 YEARS
S/O. ABOOBACKER,
PANIKKAVEETTIL HOUSE,
IYYAL P.O, IYYAL VILLAGE,
IYYAL DESOM, KUNNAMKULAM TALUK,
THRISSUR DISTRICT, PIN - 680501.
BY ADV
SRI.MAHESH V.MENON
RESPONDENT/PETITIONER/PETITIONER:
ANNATH, AGED 25 YEARS
D/O. SHAREEF, PANIKKAVEETTIL HOUSE,
THIRUVATHRA P.O, THIRUVATHRADESOM,
MANATHALA VILLAGE, CHAVAKKAD TALUK,
THRISSUR DISTRICT, PIN - 680516.
2025:KER:63199
OP (FC) Nos.405/2025 & 418/2025
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BY ADV SMT.SILPA SREEKUMAR
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 21.08.2025, ALONG WITH OP (FC).418/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:63199
OP (FC) Nos.405/2025 & 418/2025
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947
OP (FC) NO. 418 OF 2025
AGAINST THE ORDER DATED 19.06.2025 IN IA 2/2024
IN OP NO.912 OF 2024 OF FAMILY COURT, KUNNAMKULAM
PETITIONER/PETITIONER:
ANNATH, AGED 25 YEARS, D/O. SHEREEF,
RESIDING AT PANIKKAVEETTIL HOUSE,
THIRUVATHRA P.O, THIRUVATHRA DESOM,
MANATHALA VILLAGE, CHAVAKKAD TALUK,
THRISSUR DISTRICT, PIN - 680516.
BY ADV SMT.SILPA SREEKUMAR
RESPONDENT/RESPONDENT:
FASALU, AGED 35 YEARS
S/O.ABOOBACKER,
RESIDING AT PANIKKAVEETTIL HOUSE,
IYYAL P.O, IYYAL VILLAGE AND DESOM,
KUNNAMKULAM TALUK, THRISSUR DISTRICT,
PIN - 680501.
2025:KER:63199
OP (FC) Nos.405/2025 & 418/2025
-4-
BY ADV
SRI.MAHESH V.MENON
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 21.08.2025, ALONG WITH OP (FC).405/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:63199
OP (FC) Nos.405/2025 & 418/2025
-5-
JUDGMENT
[OP (FC) Nos.405/2025, 418/2025]
Devan Ramachandran, J.
We are pleased to see that the parties
are in consent; and hence that we are not
required to write a detailed judgment.
2. However, the afore consent did not
come easily, and it required a lot of
persuasion from this Court, as evident from
the interim orders we passed on 17.07.2025
and 06.08.2025, which are extracted as under:
The order dated 17.07.2025
The parties were before us today
along with the children.
2. We allowed the children to be
with the mother within the premises of
the Court and we found that they were
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very comfortable with her. In fact, when
we asked them, they wanted to go with
their mother and be with her for a few
days.
3. The father opposed the
children being with the mother only
because, according to him, she is living
with another person by name Thariff.
4. We, therefore, asked the
mother about this and she replied saying
that she had an earlier acquaintance with
this person but they have no connection
now.
5. We are aware that even this is
being opposed by the father saying that
even today they have connections with
each other.
6. Be that as it may, we are sure
that the children should be with their
mother for some time, particularly
because they have been denied her company
for a long time now.
7. We, therefore, list this
matter to be called on 22.7.2025; until
which time, the children will be with the
mother, awaiting further orders from us.
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8. The learned counsel for the
mother informed us that the children were
earlier studying in a school at Chavakkad
and that the details of the same will be
made available on the next posting date.
9. We clarify that even though we
have now let the children be with the
mother for a few days, this is on her
specific undertaking that she has no
connection with the person
aforementioned; and should this
undertaking be found to be violated in
any manner, necessary consequences will
follow against her.
10. We further clarify that
though we are not judging the life of any
of the parties, we do not want the
children to be exposed to a stranger
particularly, the person mentioned above,
since the elder is a girl, whose safety
is paramount to us.
List on 22.7.2025.
The order dated 06.08.2025
Smt.Silpa Sreekumar - learned
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OP (FC) Nos.405/2025 & 418/2025
counsel for the petitioner in
OP(FC)No.418/2025, affirms that the child
has been admitted to a school near her
client's residence. To a pointed question
from this Court, she said that her client
has no connection with the person by name
Thariff, with whom she had been along in
November, 2024.
2. A mere assertion certainly
would not be sufficient because, we are
concerned about the life of a young girl,
whose safety we will have to ensure at
all costs.
3. Sensing the afore, Smt.Silpa
Sreekumar submitted that her client will
file an affidavit before this Court,
disclosing her relationship with the
person in question, as also all his
credentials as are available to her,
including his address and whereabouts.
For this purpose, list on
13.08.2025. The interim arrangements made
by us earlier will continue till then.
3. Sri.Mahesh V.Menon - learned counsel
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OP (FC) Nos.405/2025 & 418/2025
for the father, submitted that his client is
deeply attached to the children and wants to
spend as much time as is possible with them.
4. We have no doubt that every parent
is required to give their utmost time to the
children; and this is not the former's right,
but their obligation. We would have certainly
agreed, if the father were so willing, to
allow him to see the children every day
without any restriction. However, since he
says that he is slightly away from the
mother's residence, he may not be able to
meet them every day.
5. The learned counsel for the parties
were ad idem that the father can see the
children every Saturday and Sunday and keep
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them in interim custody on such days. We
believe this is the best that the parties can
agree on. However, there is also a question
regarding the holidays and summer vacation of
the children, which again both sides agree
can be shared by them equally.
In view of the afore, we dispose of
these Original Petitions - which are, in
fact, filed by the parties against each
other, but qua the same order of the learned
Family Court, Kunnamkulam - with the
following directions:
(a) The impugned order is modified,
ordering that the children will continue to
be in the custody of the mother pending the
Original Petition before the learned Family
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OP (FC) Nos.405/2025 & 418/2025
Court, but subject to the direction (b)
below.
(b) The father will be entitled to hold
the interim custody of the children every
Saturday from 10 a.m., till 5 p.m. the
ensuing Sunday.
(c) As regards the holidays (Onam and
Christmas), as also the summer vacation of
the children (as per the school calendar),
the first half of the same shall be entitled
to be in the custody of the mother; while,
the latter half, that of the father.
(d) The place of exchange for the afore
shall be in front of the gate of the
residential house of the mother.
(e) We clarify and order that the
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father has full rights over the children for
their education, medical requirements and
such; and that he will also be entitled to be
involved in their developments and progress
as any father should do.
(f) Whenever the children are in the
custody of one parent, the other can call
them on phone; and we record the undertaking
of the learned counsel for both sides that
their respective clients will facilitate the
same without any impediment.
(g) We further record the undertaking
of Sri.Mahesh V.Menon - learned counsel for
the father, that the educational expenses in
full of the children will be taken care of by
his client, and that any fees paid for the
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current academic year by the mother shall be
reimbursed to her within a period of three
weeks from the date of receipt of a copy of
this judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
akv JUDGE
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OP (FC) Nos.405/2025 & 418/2025
APPENDIX OF OP (FC) 418/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF O.P.
(G&W) NO. 912/2024 FILED BY THE
PETITIONER BEFORE THE FAMILY COURT,
KUNNAMKULAM
EXHIBIT P2 A TRUE COPY OF THE OBJECTION DATED
30.05.2025 FILED BEFORE THE FAMILY
COURT, KUNNAMKULAM BY THE RESPONDENT
IN THE ABOVE O.P. (G&W) NO. 912/2024
EXHIBIT P3 TRUE COPY OF THE INTERIM APPLICATION
FILED BY THE PETITIONER, I.A NO.
2/2024 IN O.P (G&W) NO. 912/2024
BEFORE THE FAMILY COURT
EXHIBIT P4 TRUE COPY OF THE OBJECTION OR REPLY
FILED BY THE RESPONDENTS IN THE I.A
NO. 2/2024 IN O.P (G&W) NO. 912/2024
BEFORE THE FAMILY COURT.
EXHIBIT P5 A TRUE COPY OF THE ADDITIONAL
AFFIDAVIT, FILED BY THE PETITIONER IN
THE O.P (G&W) NO. 912/2024 BEFORE THE
FAMILY COURT DATED 02.06.2025.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED
19.06.2025 IN I.A NO. 2/2024 IN G.O.P
NO. 912/2024 PASSED BY THE FAMILY
COURT, KUNNAMKULAM
EXHIBIT P7 TRUE COPY OF THE I.A. NO. 10/2025 IN
I.A. NO. 2/2024 IN O.P. (G&W) NO.
912/2024 FILED BY THE PETITIONER
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OP (FC) Nos.405/2025 & 418/2025
BEFORE THE FAMILY COURT, KUNNAMKULAM
EXHIBIT-P9 TRUE COPY OF THE ACKNOWLEDGEMENT DATED
03.06.2025 ISSUED BY THE PRINCIPAL OF
SIR SYED ENGLISH MEDIUM SCHOOL.
EXHIBIT-P8 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED
BY THE PRINCIPAL OF SIR SYED ENGLISH
MEDIUM SCHOOL DATED 21.07.2025.
EXHIBIT P10 A TRUE COPY OF THE ACKNOWLEDGMENT
ISSUED BY THE PRINCIPAL OF SIR SYED
ENGLISH MEDIUM SCHOOL DATED
29.07.2025.
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OP (FC) Nos.405/2025 & 418/2025
APPENDIX OF OP (FC) 405/2025
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF GOP NO. 912/2024 ON THE
FILES OF THE FAMILY COURT,KUNNAMKULAM
EXHIBIT P2 A TRUE COPY OF COUNTER FILED BY THE
PETITIONER IN GOP NO. 912/2024 ON THE
FILES OF THE FAMILY COURT, KUNNAMKULAM
EXHIBIT P3 A TRUE COPY OF IA NO.2/2024 IN GOP
912/2024 ON THE FILES OF THE FAMILY
COURT, KUNNAMKULAM
EXHIBIT P4 A TRUE COPY OF COUNTER FILED BY THE
PETITIONER IN IA NO.2/2024 IN GOP
912/2024 ON THE FILES OF THE FAMILY
COURT, KUNNAMKULAM
EXHIBIT P5 A TRUE COPY OF ORDER DATED 19.06.2025
IN IA NO.2/2024 IN GOP 912/2024 OF THE
FAMILY COURT, KUNNAMKULAM
