Kerala High Court
Anil Damodar Shirodkar vs Gilgit Thomas on 21 April, 2026
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OP (FC) NO. 202 OF 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 21ST DAY OF APRIL 2026 / 1ST VAISAKHA, 1948
OP (FC) NO. 202 OF 2026
AGAINST THE ORDER/JUDGMENT DATED 27.02.2026 IN
IA 1/2026 IN OP NO.121 OF 2026 OF FAMILY COURT, PALA
PETITIONERS:
1 ANIL DAMODAR SHIRODKAR
AGED 72 YEARS
S/O DAMODAR SHIRODKAR H.NO.05, SHEETHAL CO-
OP HOUSING SOCIETY, BH CINE LATA MARGO
SALCETE, SOUTH GOA, PIN - 403601
2 VIDHI VIKAS PANERI ALIAS AMINA PRAVEEN
KILIKAR
AGED 45 YEARS
D/O ANIL DAMODAR SHIRODKAR,H.NO.05,SHEETHAL
CO-OP HOUSING SOCIETY, BH CINE LATA MARGO
SALCETE, SOUTH GOA- NOW RESIDING AT 99ARBOUR
ROAD, LEICESTER, LE4 6QB, UNITED KINGDOM,
PIN - 403601
BY ADVS.
SRI.M.B.SANDEEP
SMT.K.P.SREEJA
SMT.NIDHUNA SHAJU
SHRI.RANIN K. ABDULLA
RESPONDENTS:
1 GILGIT THOMAS
AGED 37 YEARS
/O MR. THOMAS GEORGE, RESIDING AT THADATHIL
HOUSE, PUNCHAVAYAL P.O.,MUNDAKAYAMVILLAGE,
KANJIRAPPALLY THALUK, KOTTAYAM DISTRICT,
KERALA,, PIN - 686513
2 THOMAS GEORGE
AGED 72 YEARS
THADATHIL HOUSE, PUNCHAVAYAL P.O.,
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OP (FC) NO. 202 OF 2026
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MUNDAKAYAMVILLAGE, KANJIRAPPALLY THALUK
KOTTAYAM DISTRICT, KERALA., PIN - 686513
3 MARIAMMA THOMAS
AGED 65 YEARS
W/O MR. THOMAS GEORGE, AGE NOT KNOWN,
RESIDING AT THADATHIL HOUSE, PUNCHAVAYAL P.O
MUNDAKAYAMVILLAGE, KANJIRAPPALLY THALUK
KOTTAYAM DISTRICT, KERALA, PIN - 686513
BY ADVS.
SHRI.SAHAL SHAJAHAN
SRI.MANOJ P.KUNJACHAN
SHRI.P.H.SHAJAHAN
SHRI.M.N.MOHAMMED HUSSAIN
THIS OP (FAMILY COURT) HAVING COME UP FOR
ADMISSION ON 21.04.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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OP (FC) NO. 202 OF 2026
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SHOBA ANNAMMA EAPEN & S.MANU, JJ.
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O.P(FC) No. 202 OF 2026
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Dated this the 21st day of April, 2026
JUDGMENT
Shoba Annamma Eapen, J.
This original petition has been filed challenging Ext.P5 order dated 27.02.2026 in IA No. 1 of 2026 in OP No. 121 of 2026 of the Family Court, Pala, by which the interim custody of a 6-year-old minor boy child, Aaron Gilgit, has been declined.
2. The petitioners are the maternal grandfather and the maternal aunt (mother's sister) of the minor child, respectively. The first respondent is the father of the minor child and respondents 2 & 3 are the paternal grandparents.
3. The second petitioner/maternal aunt is a citizen of Portugal and is working in the United Kingdom. The minor child is also a citizen of Portugal. The mother of the minor child, who was the daughter as well as sister of the 2026:KER:33162 OP (FC) NO. 202 OF 2026 :-4-:
petitioners respectively, was married to the first respondent/father in 2017 in Kerala; and in their wedlock, the minor child was born on 21.05.2019. It is alleged that even prior to the birth of the child, the marital relationship between the parents was strained and there was severe marital discord. The minor child was studying at Rushey Mead Primary School in Leicester, United Kingdom, in 2023, and continued his studies there until July 2025. On 21.08.2023, his mother passed away in a domestic accident at her home. Even thereafter, the minor child was studying in the same school till July, 2025. Thereafter, the first respondent took the child from the United Kingdom and entrusted the child to the paternal grandparents, respondents 2 & 3 herein. It is alleged that the minor child was not sent to the school after July 2025; and though the petitioners had requested to bring back the child to the United Kingdom, the third respondent/father did not care to do so; but, leaving the child in Kerala, he is living in Leicester, United Kingdom. On enquiry, the petitioners came to know that the child is not being sent to school, confined indoors and not able to communicate with others 2026:KER:33162 OP (FC) NO. 202 OF 2026 :-5-:
since the child can speak only english. This being the situation, the petitioners filed OP No. 121 of 2026 on the files of the Family Court, Pala, for custody of the minor child. Thereafter, IA No. 1 of 2026 was also filed before the Family Court, Pala, seeking interim custody of the minor child. However, notice was served only on respondents 2 and 3, and not on the first respondent. The Family Court, as per Ext.P5 order dated 27.02.2026, dismissed IA No. 1 of 2026, declining interim custody of the minor child. Aggrieved by this, the petitioners have come up before this Court.
4. When this case was taken up on 06.04.2026, this Court directed to produce the child before this Court. Respondents 2 and 3 were also directed to be present before this Court. Accordingly, the child, respondents 2 & 3 and the second petitioner were present before this Court on 06.04.2026. On that day, we interacted with all parties and their respective counsel in the Chambers. Upon interaction with the minor child, it was observed that he has limited understanding of malayalam, is unable to speak malayalam, and is fluent in English. The child had also 2026:KER:33162 OP (FC) NO. 202 OF 2026 :-6-:
expressed his willingness to go with the second petitioner, his maternal aunt. However, upon interaction with respondents 2 and 3, who are the paternal grandparents of the child, it was found that they are unable to speak English. It was admitted by respondents 2 and 3 that the child was not sent to school after he arrived in Kerala in July 2025. It was further submitted by respondents 2 and 3 that their son, the first respondent, is residing in the United Kingdom and has not come to Kerala for the past three months. They had also stated that their son is planning to take the child to the United Kingdom and enroll him in a school there. However, upon interaction with the second petitioner/maternal aunt, it was understood that she has been in Kerala for the past three to four months seeking custody of the minor child. On 07.04.2026, after interacting with the parties for more than an hour, and considering that the first respondent/father is also residing in the United Kingdom, we were of the view that leaving the child here in Kerala will not be for the better interest of the child; and hence, in order to ensure the child's physical, emotional and 2026:KER:33162 OP (FC) NO. 202 OF 2026 :-7-:
psychological well being, his educational prospects and the age of the paternal grand parents, we found appropriate to grant interim custody of the minor child to the petitioners. It was submitted that the passport and the OCI card of the minor child are in the custody of the first respondent/father, who upon being contacted by the respondent's counsel, confirmed before this court that the documents are with him in the United Kingdom and assured the immediate despatch of afore documents by courier, to the learned counsel for the respondents.
5. In view of the afore facts, following directions were passed on 07.04.2026.
a) The first respondent/father is directed to send the original passport and OCI card of the minor child forthwith by courier, so as to reach the learned counsel for the respondents on or before 15.04.2026.
b)The learned counsel for the respondents shall hand over the passport and the OCI card of the minor child to the learned counsel for the petitioners on 16.04.2026 2026:KER:33162 OP (FC) NO. 202 OF 2026 :-8-:
c) On receipt of the passport and the OCI card, the petitioners are permitted to take the child along with them to the United Kingdom.
d)Upon the minor child reaching the United Kingdom, the petitioners shall permit the first respondent/father to have visitation rights to meet and interact with the minor child, including overnight custody, on mutually agreed terms by both parties.
e) In the best interests of the child, both families shall maintain cordial relations and refrain from any actions that may cause distress to the minor child.
Any intention by either party to take the child outside the United Kingdom, shall be on mutually agreed terms.
The case was posted on 16.04.2026. Though the above directions were passed on 07.04.2026, the same was not complied with by the first respondent. There was a change of vakalath for respondents 2 and 3 and fresh vakalath was filed for respondents 2 and 3 on 16.04.2026 and the learned counsel sought time for filing a fresh vakalath for the first respondent.
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6. On 16.04.2026, enlargement of time was sought to produce the original of the passport and OCI card of the minor child and time was granted till 21.04.2026. The first respondent was also directed to furnish the settlement status of the child to the second petitioner. The first respondent was also directed to appear online on 21.04.2026.
7. Today, the second petitioner and the second respondent appeared in person along with the minor child.
The first respondent appeared online. This Court interacted with the parties. The first respondent, who appeared online, submitted that the original passport and the OCI card of the minor child was sent on 11.04.2026. However, the learned counsel for the first respondent submitted that the original passport and the OCI card had not reached so far and the tracking ID status itself reveals that the same is currently with the Customs in the destination country i.e., Delhi International Mail Centre, India. The first respondent, while appearing online, raised certain concerns and the first respondent has agreed to permit the second petitioner to take the child with her to 2026:KER:33162 OP (FC) NO. 202 OF 2026 :-10-:
UK. However, the first respondent submitted that he may be given the interim custody of the child on every Friday evening from 4.00 pm till Monday evening 4.00 p.m. The second petitioner was willing to accept the said request put forward by the first respondent.
8. In the best interests of the child, we deem it appropriate to hand over the interim custody of the child, along with his belongings, to the second petitioner, so as to enable her to take the child to the United Kingdom.
9. After interacting with all parties, we are inclined to dispose of the original petition with the following directions:-
1. The first respondent shall take all steps to see that the original passport and the OCI card reach the destination on or before 25.04.2026. On the original documents reaching the destination, the respondents shall immediately hand over the original passport and the OCI card to the learned counsel appearing for the petitioners.
2. The second petitioner is permitted to take the minor child with her to the United Kingdom after 2026:KER:33162 OP (FC) NO. 202 OF 2026 :-11-:
completing all travel procedures/formalities.
3. The first respondent shall furnish the settlement status of the child to the second petitioner, enabling the second petitioner to take the child abroad.
4. On reaching the United Kingdom with the minor child, the second petitioner shall hand over the original passport and OCI card of the minor child to the first respondent within 2-3 days.
5. The minor child shall be in the interim custody of the second petitioner. However, the first respondent is permitted to have interim custody of the child from 4 p.m. on Friday until 4 p.m. on Monday each week.
6. The second petitioner shall take custody of the child from the school premises at 4 p.m. on Monday.
7. Any change in the custody of the child shall be made on terms mutually agreed between both parties.
8. The second petitioner shall take all reasonable steps to ensure the proper care and welfare of the minor child.
9. In the best interests of the child, both families shall maintain cordial relations and refrain from any 2026:KER:33162 OP (FC) NO. 202 OF 2026 :-12-:
actions that may cause distress to the minor child. Any intention by either party to take the child outside the United Kingdom shall be on mutually agreed terms.
10. During school vacations, the second petitioner and the first respondent shall have the interim custody of the child for equal periods or on such terms as may be mutually agreed.
sd/-
SHOBA ANNAMMA EAPEN JUDGE sd/-
S.MANU, JUDGE MBS/-
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APPENDIX OF OP (FC) NO. 202 OF 2026 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORIGINAL PETITION NO. 121/2026 DATED 7.02.2026 FILED BEFORE THE FAMILY COURT, PALA Exhibit P2 TRUE COPY OF THE I.A.NO.1/2026 IN O.P.NO. 121/2026 DATED 7.02.2026 ON THE FILES OF FAMILY COURT,PALA Exhibit P3 TRUE COPY OF I.A.NO. 3/2026 IN O.P 121/2026 ON THE FILES OF FAMILY COURT, PALA Exhibit P4 TRUE COPY OF THE REPORT OF THE SPECIAL MESSENGER DATED 13.02.2026 Exhibit P5 TRUE COPY OF THE ORDER DATED 27.02.2026 IN I.A.NO.1/2026 IN O.P 121/2026 RESPONDENT ANNEXURES Annexure R2(a) TRUE COPY OF THE JOB OFFER LETTER DATED 30.03.2026 Annexure R2(b) THE TRUE COPY OF THE RECEIPT DATED 11.04.2026 FROM THE COURIER COMPANY