SINDHU KOZHY THANKACHAN Vs. SUNIL THNKACHAN

JUDGEMENT

(1.) This appeal is preferred by the mother of a minor child against the conditions imposed by the Family Court, Thiruvalla while disposing of her application to get herself appointed as guardian and for permission to take the child to her place of employment abroad. The respondent herein is the father of the child.

(2.) The child is now aged about 9 years, she having been born on 23.1.2001. The spouses have already obtained a decree for dissolution of marriage, in O.P. No. 285 of 2006, filed by the respondent, which has become final. The child is in the custody of the appellant/mother. She is employed abroad in the U.K. as a Nurse. The child is at the moment in the custody of the maternal grandparents. The appellant wanted to take the child to the U.K., so that the child can be with her. She wants to educate the child at U.K. and bring her up there. It is in these circumstances, that the petitioner approached the Family Court, Thiruvalla with O.P. No. 527 of 2009. In the O.P., the appellant prayed that she may be declared to be the guardian of the minor child and she may be held entitled to be its custody. It was also prayed before the Court below that she may be permitted to take the child to the place of employment (U.K.) - outside the jurisdiction of the Court.

(3.) The respondent was served. He did not choose to enter appearance. He did not oppose the application filed by the appellant/petitioner. The appellant examined her mother as PW1 and marked Exts.A1 to 3. The Court below by the impugned order allowed the petition. We extract the operative portion of the order below: