LAWS(KER)-2011-2-178

CHERUPUSHPAM Vs. SHAJI ALIAS RAJAN

Decided On February 18, 2011
CHERUPUSHPAM Appellant
V/S
SHAJI @ RAJAN Respondents

JUDGEMENT

(1.) THE appellant challenges the order passed by the Family Court, Kottarakkara.

(2.) BRIEFLY put the case of the appellant is as follows. The appellant and the first respondent got married and two female children were born in the wedlock and now they are aged 9 and 6 years. Because of the strained relationship, the parties have filed a joint petition for divorce under the Indian Divorce Act before the Family Court, Kollam. O.P. No. (G&W) No. 450 of 2008 was filed by the appellant for seeking custody of the children. In terms of the compromise the appellant took the children for Christmas holidays and they were to be given back to the second respondent. The children were not willing to go back and they told that they will commit suicide if they are sent along with the first respondent or the second respondent. The appellant filed O.P. (G&W) No. 3 of 2011 before the Family Court, Kottarakkara. She filed an application to restrain the first respondent from taking away the children. However, the Court passed impugned order. It reads as follows:

(3.) THE appellant shall hand over the custody of the children to the first respondent at 11 a.m. on 19.2.2011 in the premises of the Family Court, Kottarakkara so that the first respondent can do the needful in terms of this judgment. We record the submission of the learned counsel for the first respondent that the first respondent will take the children, go to the second respondent school, collect the T.C. and other belongings of the children and also any amount which may become payable as aforesaid and take the children and get them admitted in Stella Marys' Convent, Balika Sadanam, Thirumullavaram, Kollam within two days from the day on which the T.C. is received. THE appeal is disposed of as above.