ANITHA ABRAHAM Vs. JACOB OOMMEN

JUDGEMENT

(1.) Against the order in G.O.P. No. 343/2000 on the file of the II Additional District Court, Ernakulam, this Revision Petition is filed by the respondent in the petition. The respondents as petitioners filed G.O.P. No. 343/2000 to declare them as joint guardian of the person and property of the minor Adithya Aju Abraham, grandson of the petitioners. The petitioner herein and the son of the respondents, Abraham Jacob were husband and wife and their marriage was solemnised at Sharon Marthoma Church, Palarivattom. The child Adithya Aju Abraham was born to them in the wedlock on 7th November, 1998. Late Abraham Jacob was working at Bangalore. He met with an accident and expired on 3rd April, 1999 while he was at Karnataka. The dead body of Abraham Jacob was brought to Kochi and buried at the cemetery of Sharon Marthoma Church, Kochi. The petitioner along with the minor child resided at the residence of the respondents herein from 3rd April, 1999 upto 18th May, 1999 in house No. 35/1494, South Janatha Road, Palarivattom. The minor child is entitled to reside in the above house. The petitioner along with the minor child resided with her brother and brother's wife at Lagos, Nigeria. The brother and sister inlaw returned to India and started to reside at Tripunithura along with the child. The child along with the brother and his wife were residing at Tripunithura from March, 2000. Subsequently the minor was taken from Tripunithura to Kaviyoor, Thiruvalla. The petitioner remarried on 12th July, 2000. As per the respondents, if the child is allowed to reside with the step father, the welfare of the child will be affected. So the petition is filed to appoint them as joint guardian of the person and property of the minor. The child is entitled to get 2/3rd of the property scheduled in the petition amounting to Rs. 4,30,464.

(2.) The petitioner herein filed objection contending that the petition is not maintainable and the court has no territorial jurisdiction to entertain the petition. The Family Court alone has jurisdiction to entertain the petition. After getting permission of her husband and parent's, she took the child with her and now the child is residing with the mother. The respondents herein are not entitled to appoint a guardian of the minor child.

(3.) The petitioner herein filed a petition to hear the maintainability of the petition as a preliminary point. The court below has considered the entire facts and circumstances and found that the court has jurisdiction to entertain the petition. Against the said order this Revision Petition is filed by the respondent in the G.O.P.