MARIAMM MATHEW @ JESSY Vs. THOMAS MATHEW @ SUNNY

JUDGEMENT

(1.) This Appeal is preferred against the dismissal (disposal) of O.P. No. 398 of 2008 by the Family Court holding that "the present state of affairs regarding the custody of the children will continue".

(2.) O.P. No. 398 of 2008 was filed by the appellant/wife claiming the custody of 2 children, a son and daughter, born to the contestant couple in their valid matrimony. The children were in the custody of their father. The father and mother were both employed abroad. The children, though technically in the custody of the father, were residing in hostels in connection with their education in India.

(3.) During the pendency of this appeal, it appears that, the parties have settled all their outstanding disputes. They have agreed that the son shall continue in the custody of the father while the daughter shall continue in the custody of the mother. It is submitted that the mother can be declared to be the guardian and the mother can be permitted to keep the minor daughter in her custody and take her to the Australia, where the mother is residing in connection with her employment. Joint statement dated 30.05.2010 duly signed by the contestants and counter signed by their counsel has been filed before this Court. We are informed that the conditions in the joint statement have all been complied with. The male child is in the custody of the father and the female child is in the custody of the mother.