Kerala High Court
Anusha.P.R vs Vipin.C.Kumar on 20 May, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
OP(FC).No.292 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
TUESDAY, THE 20TH DAY OF MAY 2025 / 30TH VAISAKHA, 1947
OP (FC) NO. 292 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 19.04.2025 IN GOP
NO.406 OF 2025 OF FAMILY COURT,THRISSUR
PETITIONER/RESPONDENT IN I.A. NO.2/2025 IN G.O.P:
ANUSHA.P.R
AGED 32 YEARS
D/O RAMANKUTTY, PARAKKOTTU KIZHAKKETHIL HOUSE,
KANIYARKKODE VILLAGE, THIRUVILWAMALA, THALAPPILLY
TALUK, THRISSUR DISTRICT,, PIN - 680588
BY ADVS.
K.R.ARUN KRISHNAN
DEEPA K.RADHAKRISHNAN
SANAL C.S
VISHAK K.V.
N.J.NETTO
RESPONDENT/PETITIONER IN I.A.NO.2/2025 IN G.O.P:
VIPIN.C.KUMAR
AGED 42 YEARS
S/O KUMARAN, CHEMMANDA HOUSEMADAKKATHARA,
VELLANIKKARA VILLAGE, THRISSUR THALUK, THRISSUR
DISTRICT ,, PIN - 680651
OP(FC).No.292 of 2025
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BY ADVS.
E.VIJIN KARTHIK
DEVIPRIYA SATHYASEELAN(K/002841/2022)
POOJA P.(K/003924/2023)
OTHER PRESENT:
ADV VIJIN KARTHIK.E
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
20.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(FC).No.292 of 2025
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JUDGMENT
Devan Ramachandran,J.
Though the impugned order, the learned Family
Court, Thrissur, granted custody of the children of the petitioner
to their father - namely the respondent, on certain spells during
the school summer recess. The petitioner - mother of the
children asserts that, even though the elder child was willing to
be with the father in terms of the directions in the order, the
younger child refused to go to him on 05.05.2025 and on
16.05.2025. She thus prays that the impugned order, qua the
2nd child, be set aside.
2. Sri.Vijin Karthik.E - appearing for the respondent
however, submitted that the afore contention is not a ground for
filing an Original Petition, particularly when the petitioner chose
to file it only on 12.05.2025, which was after the 2 nd spell of
custody expired on 09.05.2025. He pointed out that the
petitioner refused to allow the child to be with his client on
05.05.2025 and then used the excuse of this Original Petition
not to do so from 16.05.2025. He thus prayed that this Original
Petition be dismissed.
3. We notice from the impugned order that, as regards the
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nd
2 child, the learned Family Court had directed her to be in the
interim custody of the father from 25.04.2025 till 28.04.2025
and thereafter from 05.05.2025 till 09.05.2025 and from
16.05.2025 to 19.05.2025. it is conceded before us by the
learned Counsel for the petitioner - Sri.K.R.Arun Krishnan, that
the 2nd child was with her father from 25.04.2025 till
28.04.2025; but asserts that she refused to go to him on
05.05.2025 or on 16.05.2025.
4. As rightly pointed out by Sri.Vijin Karthik.E; this Original
Petition was filed - going by the endorsements on the docket -
only on 12.05.2025, which is after the 2nd spell of custody had
expired. Whether the child was unwilling to go to the father, or if
the petitioner chose not to send her etc., are matters in the
factual realm, which is not justified to be considered by this
Court, while it acts in the appellate jurisdiction.
5. Interestingly, even the petitioner does not have a case
that the impugned order is in error and her only contention is
that the child was unwilling to go to the father. These are issues
that she can always impel as a defence, if any action is taken
against her for violation of the said order. We fail to understand
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how such assertions can be used as a ground to challenge the
impugned order in an Original Petition.
In the above circumstances, without entering into any of
the other contentions, we dismiss this Original Petition.
Sd/-
DEVAN RAMACHANDRAN,
JUDGE
Sd/-
M.B. SNEHALATHA,
JUDGE
Mms
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APPENDIX OF OP (FC) 292/2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF I.A. 2/2025 IN G.O.P.
NO. 406/2025 ON THE FILES OF FAMILY
COURT, THRISSUR DATED 12/03/2025
Exhibit P2 A TRUE COPY OF COUNTER FILED BY THE
PETITIONER IN I.A. 2/2025 IN G.O.P. NO.
406/2025 ON THE FILES OF FAMILY COURT,
THRISSUR DATED 19/04/2025
Exhibit P3 A TRUE COPY OF NOTICE IN OP NO.
406/2025 IN FORM NO. 8 FROM FAMILY
COURT, THRISSUR DATED 20/03/2025
Exhibit P4 A TRUE COPY OF NOTICE IN I.A. NO.
2/2025 IN GOP NO. 406/2025 FROM FAMILY
COURT, THRISSUR DATED 21/03/2025
Exhibit P5 A TRUE COPY OF PROCEEDINGS IN I.A. NO.
2/2025 IN OP NO. 406/2025 FROM A DIARY
OF THE FAMILY COURT, THRISSUR
Exhibit P6 A TRUE COPY OF I.A. 3/2025 IN G.O.P.
NO. 406/2025 DATED 21-04-2025 ON THE
FILE OF FAMILY COURT THRISSUR
Exhibit P7 A TRUE COPY OF I.A. 6/2025 IN G.O.P.
NO. 406/2025 DATED 22-04-2025 ON THE
FILE OF FAMILY COURT THRISSUR
Exhibit P8 A TRUE COPY OF ORDER DATED 25/04/2025
IN OP (F.C) NO. 263/2025 OF THIS
HON'BLE COURT
Exhibit P9 A TRUE COPY OF ORDER DATED 19/04/2025
IN I.A. 2/2025 IN G.O.P. NO. 406/2025
OF THE FAMILY COURT, THRISSUR
