The Kerala High Court considered a petition filed under its supervisory jurisdiction challenging an order of the Family Court concerning interim custody of a minor child. The petitioner sought judicial intervention regarding the custody arrangement ordered by the Family Court.
During the hearing, the petitioner sought permission to withdraw the petition. The Court examined whether the welfare or security of the child required judicial interference. The Court noted that the Family Court had granted interim custody of the child to the father and found no material to suggest that the child’s welfare was compromised.
The High Court held that no interference was necessary and permitted the petitioner to withdraw the petition.
“After arguing this matter for some time, Sri.A.K.Haridas-learned Counsel for the petitioner, sought permission to withdraw this original petition. He, however, added that his client’s interest is only to ensure that the child is safe and nothing more.”
“We do not find from the order that the security or welfare of the child has been compromised. In fact, the child has been given interim custody to her own father; and do not see why we should distrust him from taking care of her.”
“In such circumstances, we are also of the opinion that the best course forward to the petitioner is to withdraw this original petition.”
Decision
The Kerala High Court dismissed the original petition as withdrawn. The Court found no reason to interfere with the Family Court’s interim custody arrangement.
Citation :2025:KER:98856
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Key Contributor :
Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.
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