K.S.Sreedharan vs Anil a.K

Type Court Judgment Court Kerala Decided Jul 31, 2023

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Citation: sooperkanoon.com/1353708
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Justice Sophy Thomas
Decided On: Jul 31, 2023
Case Number: Mat.Appeal/213/2014

Parties & Advocates

Appellant / Petitioner

K.S.Sreedharan

Respondent

Anil a.K

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice a.muhamed mustaque & the honourable mrs. justice sophy thomas monday, the 31st day of july 2023 / 9th sravana, 1945 mat.appeal no. 213 of 2014 op 230/2009 of family court,ernakulamappellants/respondents: 1 k.s.sreedharan, aged 65 years, kollamthadathil house, marithazham po, kanjiramattom, ernakulam, pin 682 315. 2 valsala, aged 56 years, w/o.sreedharan, kollamthadathil house, marithazham po, kanjiramattom, ernakulam, pin 682 315. 3 sreejith, aged 26 years, s/o.sreedharan, kollamthadathil house, marithazham po, kanjiramattom, ernakulam, pin 682 315. by adv sri.k.v.sabu respondent/petitioner: anil a.k., aged 34 years, s/o.karunakaran, avalammakkil house, mulakkulam north, piravom, ernakulam. by advs. sri.k.s.madhusoodanan sri.thomas chazhukkaran sri.k.s.mizver sri.p.k.rakesh kumar sri.m.m.vinod kumarthis matrimonial appeal having been finally heard on 31.07.2023, the court on the same day delivered the following: mat.appeal no.213/2014 2j u d g m e n ta.muhamed mustaque, j.this appeal was preferred against the judgment inop no.230 of 2009 on the files of family court, ernakulam. the dispute was between the father of a minor child and appellants, who are the maternal grandparents. the mother is no more. the maternalgrandparents were given custody of the child on all second saturdays from 10.00 am till 5.00 pm on ensuing sundays, and half of onam and christmas holydays and 15 days during summer vacation either the first half or the second half, at the option of the parties, until she attains majority. not being satisfied with the same, theappellants, who are the maternal grandparent, have approached this court with this appeal claiming permanent custody of the child. we note that the child mat.appeal no.213/2014 3 has been with the father for a long time and is now nearing majority. this a

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945 MAT.APPEAL NO. 213 OF 2014 OP 230/2009 OF FAMILY COURT,ERNAKULAM
APPELLANTS/RESPONDENTS: 1 K.S.SREEDHARAN, AGED 65 YEARS, KOLLAMTHADATHIL HOUSE, MARITHAZHAM PO, KANJIRAMATTOM, ERNAKULAM, PIN 682 315. 2 VALSALA, AGED 56 YEARS, W/O.SREEDHARAN, KOLLAMTHADATHIL HOUSE, MARITHAZHAM PO, KANJIRAMATTOM, ERNAKULAM, PIN 682 315. 3 SREEJITH, AGED 26 YEARS, S/O.SREEDHARAN, KOLLAMTHADATHIL HOUSE, MARITHAZHAM PO, KANJIRAMATTOM, ERNAKULAM, PIN 682 315. BY ADV SRI.K.V.SABU RESPONDENT/PETITIONER: ANIL A.K., AGED 34 YEARS, S/O.KARUNAKARAN, AVALAMMAKKIL HOUSE, MULAKKULAM NORTH, PIRAVOM, ERNAKULAM. BY ADVS. SRI.K.S.MADHUSOODANAN SRI.THOMAS CHAZHUKKARAN SRI.K.S.MIZVER SRI.P.K.RAKESH KUMAR SRI.M.M.VINOD KUMAR
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 31.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mat.Appeal No.213/2014 2

J U D G M E N T

A.Muhamed Mustaque, J.

This appeal was preferred against the judgment in

OP   No.230   of       2009    on      the    files       of    Family    Court,
Ernakulam.       The dispute was between the father of a
minor    child     and    appellants,             who     are   the      maternal
grandparents.      The        mother     is       no    more.    The     maternal

grandparents were given custody of the child on all second Saturdays from 10.00 am till 5.00 pm on ensuing Sundays, and half of Onam and Christmas holydays and 15 days during summer vacation either the first half or the second half, at the option of the parties, until she attains majority. Not being satisfied with the same, the

appellants, who are the maternal grandparent, have approached this Court with this appeal claiming permanent custody of the child. We note that the child Mat.Appeal No.213/2014 3 has been with the father for a long time and is now nearing majority. This appeal itself is pending before this Court for more than nine years. We are of the view that there is absolutely no reason to interfere with this case at this distance of time. Accordingly, the appeal stands dismissed. A.MUHAMED MUSTAQUE SOPHY THOMAS DSV/-

Same Court & Year Kerala · 2023 Same Parties K.S.Sreedharan vs Anil a.K Same Judge Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Jus...