AMIT T.S. Vs. DIVYA M.S

JUDGEMENT

(1.) Master Adwaith is now aged 9 years. His father filed O.P.No.1537 of 2016 before the Family Court, Thrissur for getting his permanent custody. On the basis of Ext.P1 settlement agreement entered into by his parents, through mediation, O.P. was disposed of on 24/4/2017. The stipulations regarding interim custody of the child in Ext. P1 were modified by the Family Court, Thrissur as per the order dtd. 22/4/2019 in I.A.No.3461 of 2018. Later, his mother filed I.A.No.3707 of 2019 and father filed I.A.No.4070 of 2019 in that O.P. seeking modification of the custody order. The Family Court on 27/11/2019 as per a common order dismissed those applications. Father filed O.P.(FC) No.748 of 2019 and the mother filed O.P. (FC) No.758 of 2019 challenging the said common order, both under Article 227 of the Constitution of India. Mother filed Mat.Appeal No.419 of 2021 under Sec. 19(1) of the Family Courts Act, 1984 also to challenge the legality and correctness of the order in I.A.No.3707 of 2019 in O.P.No.1537 of 2016.

(2.) Father and mother are referred to as the petitioner and the respondent respectively for convenience.

(3.) These matters were admitted to file and various orders regarding interim custody of the child were passed during the pendency of these cases. In obedience to the order dtd. 11/10/2022 the petitioner, the power of attorney holder of the respondent and the child Adwaith appeared personally before this Court on 25/10/2022. We have interacted with them. Child was produced by the power of attorney holder of the respondent. Child was sent along with the father during the course of proceedings and his wishes were later ascertained.