17 May 2024 Child Custody >> Family Law  

A wife in Kerala has regained temporary custody of her 2-year-daughter in an ongoing child custody battle with her husband. The order came from the High Court of Kerala after the wife challenged a Family Court decision granting temporary custody to the husband.

Facts:

The wife, the petitioner in the case, argued that the child, Nivedya, had been living with her until the husband forcibly took her away. She presented documents like immunization records and medical receipts to show the child was with her in Pathanamthitta up until April 2024. Additionally, a police complaint filed by the wife regarding the child being taken was noted by the court. The husband, the respondent in the case, had the opportunity to present evidence that the child was residing with him. However, despite obtaining adjournments, he failed to do so.

Conclusion:

Considering the child's young age and the wife's evidence, the High Court directed the husband to return Nivedya to her mother. Additionally, the Family Court was ordered to decide on the permanent custody arrangements within two weeks, taking into account all evidence presented.

Important Note: Temporary Decision

The High Court emphasized that this is a temporary order and does not prejudice the husband's claim for permanent custody. The Family Court will hear both parties and make a final decision based on facts and legal arguments.