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OP (FC) No. 674 of 2023

Judges:
Raja Vijayaraghavanan
P M Manoj

Petitioner Advocate: Praveen Joy
Respondent Advocate: T.O Deepa

On April 11, 2024 Kerala HC passed a judgement in connection with the order delivered by Family Court, Thalassery. In the said Judgement HC briefly emphasised that Courts have authority for modifying Custody orders if the circumstances change and effect the welfare and good health of child. The Petitioner Husband challenged the maintainability for modification of custody. After the compliance of all the directions based upon Compromise deed, the petitioner tried his level hard. To ensure compliance, the mother was arrested onces and was released on self bond. The refractory compliance led the terms stated in compromise deed refrain the husband from having child custody. Respondent Advocate stuck firmly that the paramount interest of the child must be given utmost consideration as the child was suffering from certain illness and she was attached more towards her mother hence the doctrine of Res Judicata must not be applied here. After all medical examinations and fact analysis the HC upheld Family Courts decision, dismissing the Petitioner Husband’s Plea. However the High court highlighted the fact that modification are applicable in Res Judicata child custody matters.