SUNITHA Vs. SURESHKUMAR

JUDGEMENT

(1.) EXT.P6 is under challenge. EXT.P6 is passed by the Family Court, Thrissur in I.A. No.251/2012 which was an application filed by the petitioner seeking permission to take her minor child to Qatar as she has secured a job therein. EXT.P1 will show that pursuant to the compromise between the petitioner and the first respondent, the wife and husband, the matrimonial relationship between them has been terminated and that the permanent custody of the minor child by name Sudheera has been given to the petitioner-mother. Of course, in para 2 of EXT.P2, there is a condition that the first respondent will be entrusted with temporary custody of the child during holidays. It is seen that the petitioner as well as the first respondent have re-married. The petitioner's husband is in Qatar and working there.

(2.) THE first respondent is also in a Gulf country (Dubai). THE petitioner's case is that she has to go over to Qatar where she has already secured a job. According to the petitioner, on the terms of the compromise entered into between her and the first respondent, it is her obligation to maintain the child and she needs money for this. She is a technically qualified person. Hence, she requests permission to take the child also along with her.

(3.) WE therefore set aside EXT.P6 and remit I.A. No. 251/2012 back to the Family Court, Thrissur. The learned Family Court is directed to pass fresh orders in I.A. No.251/2012. If necessary the court will demand convincing assurances from the present husband of the petitioner regarding the safety of the child during its stay in Qatar, apart from imposing other reasonable condition for granting the permission sought for.