Alphonsa vs Mathew

Type Court Judgment Court Kerala Decided Sep 02, 2019

~2 min read

https://sooperkanoon.com/case/1901109

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

Citation: sooperkanoon.com/1901109
Court: Kerala High Court
Judge: Honourable Mr.Justice a.M.Shaffique,Honourable Mr.Justice N.Anil Kumar
Decided On: Sep 02, 2019
Case Number: Mat.Appeal/707/2013

Parties & Advocates

Appellant / Petitioner

Alphonsa

Respondent

Mathew

Excerpt

.....child whowas aged 4½ years at the relevant time. the family court observed that in so far as the petitioner-mother was consulting dr.santha abraham, a clinical psychologist and there is a report at ext.x2 that she was showing psychotic symptoms it is only appropriate that the custody of the child is not given to her. accordingly, the petition has been dismissed.2. the learned counsel for the appellant submits thatby an interim order dated 7.8.2014 this court directed the respondent to produce the child before the family court on every third saturday of a month at 11 a.m. and the mother was permitted to interact with the child until 4.30 p.m.3. the child is now aged 13 years and according to the learned counsel for the appellant, she is staying in a hostel. ..3.. the appellant used to visit her on every third saturday.4. having regard to the fact that the minor child had grown up and she is now at the age of 13 years her wish is also to be ascertained before making any modification to the above said interim order.5. if the appellant feels that some more visitationrights should be granted to her, it shall be open for her to approach the family court by filing necessary application in that regard, in which event, the family court shall consider the same and pass appropriate orders. the mat.appeal is disposed of with the above observation. a.m.shaffique, n.anil kumar, skj

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR.JUSTICE N.ANIL KUMAR MONDAY, THE 02ND DAY OF SEPTEMBER 2019/ 11TH BHADRA, 1941 AGAINST THE ORDER IN OP(G&W) 248/2011 OF FAMILY COURT, THODUPUZHA DATED 29.05.2013 APPELLANT:PETITIONER :- ALPHONSA, W/O.MATHEW, RAJAKKADU VILLAGE, IDUKKI DIST. BY ADVS. SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH SMT.GRACY POULOSE SMT.MIJI JOHN RESPONDENT:RESPONDENT :- MATHEW, S/O.THOMAS, RAJAKKADU VILLAGE, IDUKKI DISTRICT. BY ADV.SRI.JIMMY GEORGE THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 02.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..

JUDGMENT

A.M.Shaffique, J.

This appeal is filed by the petitioner in O.P.(G&W)No.248 of 2011 of the Family Court, Thodupuzha, challenging the dismissal of the same. The petition was filed by the appellant/petitioner seeking custody of the minor child who

was aged 4½ years at the relevant time. The Family Court observed that in so far as the petitioner-mother was consulting Dr.Santha Abraham, a clinical Psychologist and there is a report at Ext.X2 that she was showing psychotic symptoms it is only appropriate that the custody of the child is not given to her. Accordingly, the petition has been dismissed.

2. The learned counsel for the appellant submits that

by an interim order dated 7.8.2014 this Court directed the respondent to produce the child before the Family Court on every third Saturday of a month at 11 a.m. and the mother was permitted to interact with the child until 4.30 p.m.

3. The child is now aged 13 years and according to the learned counsel for the appellant, she is staying in a hostel. ..3.. The appellant used to visit her on every third Saturday.

4. Having regard to the fact that the minor child had grown up and she is now at the age of 13 years her wish is also to be ascertained before making any modification to the above said interim order.

5. If the appellant feels that some more visitation

rights should be granted to her, it shall be open for her to approach the Family Court by filing necessary application in that regard, in which event, the Family Court shall consider the same and pass appropriate orders. The Mat.Appeal is disposed of with the above observation. A.M.SHAFFIQUE, N.ANIL KUMAR, skj

Same Court & Year Kerala · 2019 Same Parties Alphonsa vs Mathew Same Judge Honourable Mr.Justice a.M.Shaffique,Honourable Mr.Justice N.A...