RANJINI Vs. RAJAN

JUDGEMENT

(1.) The Petitioner has come to this Court with this Writ Petition to challenge Ext. P3 consent order passed by the Family Court.

(2.) The Petitioner and the Respondent are spouses. The spouses have a strained relationship and they are residing separately. There are 3 children born in the wedlock. They are said to be aged 16, 12 and 6 years. The eldest daughter Rehna is aged 16 years, second son Rahul is aged 12 years and the youngest child Rathul is aged 7 years. The children were residing with the mother.

(3.) While so, the husband, i.e., the Respondent herein filed O.P. No. 553 of 2009 for custody of the second son Rahul aged 12 years. It is submitted at the Bar that the Respondent had filed an application for restitution of conjugal rights also. The learned Counsel for the Petitioner submits that the decree for restitution of conjugal rights was granted in favour of the Respondent on merits. When O.P. No. 553 of 2009 came up for consideration, a joint statement was filed by the spouses. Ext. P2 is the copy of the joint statement. As per the said joint statement, all the 3 children were agreed to be handed over to the respondent/father. Accordingly the impugned order Ext. P3 was passed.