Skip to content
Try for free
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.
See full guide →

Divya M.S vs Amith T.S

Divya M.S vs Amith T.S

Type Court Judgment Court Kerala Decided Aug 25, 2023
~3 min read
https://sooperkanoon.com/case/1386633

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases
AI Brief & Ask Semantic Search Verdict Lens Devil's Bench DocMind
Start free trial See sample brief

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Kerala High Court
Judge
Decided On
Case Number
OP (FC)/562/2023

Parties & Advocates

Appellant / Petitioner

Divya M.S

Respondent

Amith T.S

Excerpt

.....the child shall be in the custody of the father till 31.08.2023 evening 4.00 p.m. the child shall be handed over and returned from the premises of the family court, thrissur. this original petition is disposed of. issue photocopy today itself. a.muhamed mustaque sophy thomas dsv/- op(fc) no.562/2023 3 appendix of op (fc) 562/2023 petitioner’s exhibits : exhibit p1 true photocopy of the power of attorney dated 20.08.2022. exhibit p2 true photocopy of the mediation agreement in gop no. 1537/2016 dated 03.03.2017. exhibit p3 true photocopy of the order in gop no. 1537/2016 dated 24.04.2017. exhibit p4 true photocopy of the order in op no. 2178/2017 dated 12.04.2018. exhibit p5 true photocopy of the order in ia no. 3461/2018 in gop no. 1537/2016 dated 22.04.2019. exhibit p6 true judgment in op(fc) no. 530/2019 dated 11.10.2019. exhibit p7 true photocopy of the common order in ia no. exhibit p8 true photocopy of the common order in ia no. dated 27.03.2023. exhibit p9 true photocopy of the judgment in op(fc) exhibit p10 true photocopy of the ia no. 30/2023 in gop exhibit11 true photocopy of the ia no. 34/2023 in gop op(fc) no.562/2023 4 exhibit p12 true photocopy of the a diary proceedings in ia no. 30/2023 and ia no. 34/2023 in gop 1537 dated 21.08.2023. exhibit p13 true photocopy of the ia no. 31/2023 in gop respondent’s exhibits : nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945 OP (FC) NO. 562 OF 2023 IA NO.30/2023, IA NO.34/2023 & IA NO.31/2023 IN GOP PETITIONER/PETITIONER IN IA 31/2023/RESPONDENT IN GOP: DIVYA M.S., AGED 34 YEARS, D/O SUKUMARAN, MONEKATTU HOUSE, KANNARA DESOM, NEAR COMPANYPADI, KANNARA P.O., THRISSUR DISTRICT-680 652 REPRESENTED BY HER POWER OF ATTORNEY HOLDER AND HUSBAND SWAROOP N.S, AGED 35, S/O SUDHARMAN, RESIDING IN THE ADDRESS GALAXY WINSTON, FLAT NO C-9, CHILAVANNUR ROAD, KADAVANTHRA P.O, ERNAKULAM DISTRICT, PIN - 682020. PRAVEEN K. JOY E.S.SANEEJ RESPONDENT/RESPONDENT IN IA.31/2023/PETITIONER IN GOP: AMITH T.S, AGED 41 YEARS, S/O SOMAN, THANDASSERY HOUSE, PAZHUVIL WEST DESOM, KURUMBILAVU VILLAGE, PAZHUVIL P.O WEST, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680564.

ADV. VENUGOPAL M.R. DHANYA P.ASHOKAN(K/001671/2000) THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(FC) No.562/2023 2

J U D G M E N T

A.Muhamed Mustaque, J.

Having heard the learned counsel on both sides, we are of the view that the father should be given custody of the child today itself (25.08.2023) by 5.00 p.m. However, the mother can have custody of the child on 29.08.2023 from 10.00 a.m. till 5.00 p.m. Thereafter, the child shall be in the custody of the father till 31.08.2023 evening 4.00 p.m. The child shall be handed over and returned from the premises of the Family Court, Thrissur. This original petition is disposed of. Issue photocopy today itself. A.MUHAMED MUSTAQUE SOPHY THOMAS DSV/- OP(FC) No.562/2023 3 APPENDIX OF OP (FC) 562/2023 PETITIONER’S EXHIBITS : Exhibit P1 TRUE PHOTOCOPY OF THE POWER OF ATTORNEY DATED 20.08.2022. Exhibit P2 TRUE PHOTOCOPY OF THE MEDIATION AGREEMENT IN GOP NO. 1537/2016 DATED 03.03.2017. Exhibit P3 TRUE PHOTOCOPY OF THE ORDER IN GOP NO. 1537/2016 DATED 24.04.2017. Exhibit P4 TRUE PHOTOCOPY OF THE ORDER IN OP NO. 2178/2017 DATED 12.04.2018. Exhibit P5 TRUE PHOTOCOPY OF THE ORDER IN IA NO. 3461/2018 IN GOP NO. 1537/2016 DATED 22.04.2019. Exhibit P6 TRUE JUDGMENT IN OP(FC) NO. 530/2019 DATED 11.10.2019. Exhibit P7 TRUE PHOTOCOPY OF THE COMMON ORDER IN IA NO. Exhibit P8 TRUE PHOTOCOPY OF THE COMMON ORDER IN IA NO. DATED 27.03.2023. Exhibit P9 TRUE PHOTOCOPY OF THE JUDGMENT IN OP(FC) Exhibit P10 TRUE PHOTOCOPY OF THE IA NO. 30/2023 IN GOP Exhibit11 TRUE PHOTOCOPY OF THE IA NO. 34/2023 IN GOP OP(FC) No.562/2023 4 Exhibit P12 TRUE PHOTOCOPY OF THE A DIARY PROCEEDINGS IN IA NO. 30/2023 AND IA NO. 34/2023 IN GOP 1537 DATED 21.08.2023. Exhibit P13 TRUE PHOTOCOPY OF THE IA NO. 31/2023 IN GOP RESPONDENT’S EXHIBITS : NIL

Continue Your Research

Same Court & Year Kerala · 2023 Same Parties Divya M.S vs Amith T.S Same Judge Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Jus...

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial
1M+ judgments indexed

Brief any judgment in 18 sections.

Search Supreme Court, High Courts, and tribunals - then open an AI Brief on any result. Core search is free; full AI desk free for 7 days.

Start 7-day free trial - no card Talk to Sales