AMIT T.S. Vs. DIVYA M.S.

JUDGEMENT

(1.) The petitioner-father filed O.P.No.1537 of 2016 on the file of the Family Court, Thrissur, invoking the provisions under Guardians and Wards Act, 1890, seeking permanent custody of the minor child by name, Advaith, who is presently aged 9 1/2 years. The petitioner had earlier approached this Court in O.P.(FC)No.748 of 2019, which was disposed of by Ext.P1 judgment dtd. 9/11/2022. Paragraphs 22 of that judgment reads thus;

(2.) The petitioner filed I.A.No.23 of 2023 in O.P.No.1537 of 2016, seeking interim custody of the minor child from 25/1/2023 to 29/1/2023. The respondent-mother filed counter. By Ext.P6 order dtd. 23/1/2023, the Family Court dismissed that interlocutory application on the ground that the prayer sought for is not in consonance with the modification granted by this Court in Ext.P1 judgment. Paragraphs 4 and 5 of that order read thus;

(3.) Feeling aggrieved, the petitioner is before this Court in this original petition, invoking the supervisory jurisdiction under Article 227 of the Constitution of India, seeking an order to quash Ext.P6 order dtd. 23/1/2023 of the Family Court in I.A.No.23 of 2023 in O.P.No.1537 of 2016 and to allow interim custody of the minor child, Advaith, to the petitioner-father, during his stay in India.