IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 412 of 2008()
1. JISHA VARGHESE, D/O.VARGHESE,KOOVACKADU
... Petitioner
Vs
1. GEORGEKUTTY, S/O.JOSEPH,
... Respondent
For Petitioner :SRI.MOHAN JACOB GEORGE
For Respondent :SMT.TISSY ROSE K CHERIYAN
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :22/09/2008
O R D E R
P.R.RAMAN &
T.R.RAMACHANDRAN NAIR,JJ.
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MAT APPEAL NO.412 OF 2008
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Dated this the 22nd day of September, 2008
JUDGMENT
Raman,J.
Appellant is the respondent in O.P.(G&W) No.655/07 on the
file of the Family Court, Ettumanoor. That O.P. was filed for
custody of the child under Section 10 of the Guardian and Wards
Act. He had also filed a petition as O.P.No.654/2007 for restitution
of conjugal rights. After taking evidence, both the matters were
disposed of by a common judgment. The petition for restitution of
conjugal right was dismissed against which no appeal was filed.
O.P.(G&W)No.655/2007 was disposed of giving the custody of
the child to the father, the respondent herein obviously for the
reason that the mother was in Ireland and what could be done in the
welfare of the child by the Family Court is to give the custody of
the child to the father. The child was studying in the Carmel
English Medium School. After the present order is passed, it is
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submitted that the child is now studying in STPT School, Punalur
and the child is taken care of by the father along with the father’s
sister, who is a teacher in the said school. The mother aggrieved by
the order passed has come up in appeal. In the order passed by the
Family Court, it is specifically observed that if the wife comes and
seeks custody of the child showing any changed circumstances, her
claim can be considered at that time. Now the appellant has come
from Ireland. She pleads some circumstantial changes and if so she
may move the Family Court in accordance with the right as
reserved in her favour by the judgment impugned in this appeal, in
which event the Family Court will consider the plea and see
whether there is any changed circumstances and pass appropriate
orders in accordance with law, after giving an opportunity to both
sides.
2. In the circumstances, we do not think it is necessary to
interfere with the judgment of the Family Court rather the appellant
can work out her remedy in accordance with the right reserved in
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her favour as per the impugned judgment.
3. In the result, the appeal is dismissed subject to the right to
move the Family Court for necessary modification of the order, in
case there are any changed circumstances to be brought to the
notice of the Family Court by filing appropriate application in that
behalf. If any such application is filed within one week from today,
after hearing both sides and after considering the evidence in the
matter, the Family Court will pass final orders in the said
application, as expeditiously as possible, at any rate within two
months.
P.R.RAMAN,
Judge.
T.R.RAMACHANDRAN NAIR,
Judge.
kcv.