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Kerala High Court
Deepak T.R vs Ashma on 23 December, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:98816
OP (FC) NO. 773 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 23RD DAY OF DECEMBER 2025 / 2ND POUSHA, 1947
OP (FC) NO. 773 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN OPGW NO.1536 OF 2021 OF
FAMILY COURT, ATTINGAL
PETITIONER/S:
DEEPAK T.R , AGED 40 YEARS
NJARAKKATTUPARAMBIL HOUSE, CHUTTUPADUKARA P.O
EDAPPALLY NORTH VILLAGE, EDAPPALLY DESOM,
ERNAKULAM DISTRICT, PIN - 682024
BY ADVS.
SHRI.V.JOHN MANI
SHRI.SETHULAKSHMI K.K.
SMT.FATHIMA SHAHNA A.A.
RESPONDENT/S:
ASHMA , AGED 37 YEARS
D/O ANIRUDHAN, ROHINI HOUSE, MAITHANAM, VARKALA TALUK,
THIRUVANANTHAPURAM, PIN - 695141
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
23.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:98816
OP (FC) NO. 773 OF 2025 2
JUDGMENT
A.Muhamed Mustaque, J.
The Original Petition is filed by the petitioner-father,
aggrieved by the delay in considering Exhibit P8 application for
interim overnight custody of his child.
2. As per order dated 19.12.2025, this Court had
directed to obtain instructions from the Family Court, Attingal as
to the time that may be required for disposal of Exhibit P8
application, which is available now. It is stated in the report of
the Family Court dated 19.12.2025 that the matter is posted for
cross-examination of the petitioner and for further evidence on
03.01.2026, and that the matter will be disposed of within a
period of three months.
3. As submitted by the parties, the case is now rescheduled
to 29.12.2025, and the wife has been directed to produce the
child on that day before the Family Court, Attingal.
4. We direct that, if the parties are not able to settle the
matter amicably, the Family Court, Attingal shall pass
appropriate orders on Exhibit P8 application in OP(G&W)
2025:KER:98816
No.1536 of 2021 pending before it for interim overnight custody
of the child on that day itself.
Original Petition is disposed of above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P.M.MANOJ
JUDGE
ajt
2025:KER:98816
APPENDIX OF OP (FC) NO. 773 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE OP NO. 1536 OF 2021 FILED
BEFORE THE FAMILY COURT, ATTINGAL
Exhibit P2 A TRUE COPY OF THE ORDER DATED 30/06/2022 IN
OP(FC) NO. 304 OF 2022 OF THIS HON'BLE COURT
Exhibit P3 A TRUE COPY OF THE INTERIM ORDER DATED
14/12/2022 IN CONT. CASE (C) NO. 1531 OF 2022
IN OP(FC) NO. 304 OF 2022 OF THIS HON'BLE
COURT
Exhibit P4 A TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT IN OP (GW) 1536 OF 2021 FILED BY
THE RESPONDENT
Exhibit P5 A TRUE COPY OF THE PROOF OF AFFIDAVIT DATED
7/10/2025 SUBMITTED BY THE PETITIONER BEFORE
THE LEARNED FAMILY COURT, ATTINGAL
Exhibit P6 A TRUE COPY OF THE IA NO. 6 OF 2025 IN OP
(GW) NO 1536 OF 2021 FILED BY THE PETITIONER
Exhibit P7 A TRUE COPY OF THE IA NO. 8 OF 2025 IN OP
(GW)NO. 1536 OF 2021 FILED BY THE PETITIONER
Exhibit P8 A TRUE COPY OF THE IA NO. 10 OF 2025 IN OP
(GW) NO 1536 OF 2021 FILED BY THE PETITIONER
BEFORE THE LEARNED FAMILY COURT, ATTINGAL
Exhibit P9 A TRUE COPY OF THE IA NO. 9 OF 2025 IN OP
(GW) NO. 1536 OF 2021FILED BY THE PETITIONER
BEFORE THE LEARNED FAMILY COURT, ATTINGAL
Exhibit P10 A TRUE COPY OF THE DECREE AND JUDGMENT IN
COMPROMISE PETITION OP NO. 1438 OF 2016
Exhibit P11 A TRUE COPY OF THE STATEMENT OF ACCOUNT
REGARDING THE FIXED DEPOSIT
