SIMI JOSEPH Vs. JITHESH SUNNY.C
LAWS(KER)-2020-11-225
HIGH COURT OF KERALA
Decided on November 02,2020

SIMI JOSEPH Appellant
VERSUS
JITHESH SUNNY.C Respondents

JUDGEMENT

VINOD CHANDRAN,J. - (1.)The writ petition is filed challenging Ext.P5 order of the Family Court. The first relief prayed for is to set aside Ext.P5. The second relief prayed for is to give custody of the eldest minor child to the petitioner-mother. We notice from Ext.P5 order that the learned Family Court had considered the matter in its entirety and bi-weekly custody was allowed to the petitioner.
(2.)The learned Counsel for the petitioner submits that the respondent-father is bipolar. However, the child was with the father when the petition was filed before the Family Court by the mother. The learned Family Court Judge has also observed that the issue of bipolar disorder would be considered during trial after adducing evidence; which at this stage would not be possible.
(3.)The parties have three children in their wedlock, all minors. Earlier the issue of interim custody of the eldest child was considered in Ext.P2 order of the Family Court. After interacting with the child as also noticing the fact that he is studying in a school near to his maternal grandparent's home it was opined that the custody as it existed then need not be disturbed. The father who took the child a month before, was directed to handover the child to the mother, till the completion of the academic year 2019-20. After the academic year 2019-20, in the present academic year the eldest child has been admitted to a school by the father near his residence. The father is now having custody of the eldest child and two other younger children are with the mother, who has housed them with their maternal grandparents.


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