JASHIM Vs. THANOOJA

JUDGEMENT

(1.) THE above Original Petition (Family Court) is filed under Article 227 of the Constitution of India with the following prayer :

(2.) THE facts of the case are briefly as follows : The Nikah between the petitioner and the respondent herein was solemnized on 18.8.2006 in Dubai and the marriage ceremony was held on 3.12.2006 at Poovathoor in Thrissur District. In the wedlock, a son, viz., Ashfaq was born on 6.2.2008. Even before giving birth to the child, both the petitioner and the respondent came down to Kerala. After the child was born, the petitioner again went back to Abu Dhabi and the respondent followed him. Their relationship became strained and the petitioner returned to Kerala. The respondent also came back with the child in the first week of March, 2009. Thereafter, the petitioner and the respondent were living separately. The petitioner filed G.O.P.No.889 of 2009 before the Family Court, Thrissur for the custody of the child. During the pendency of the Original Petition, the respondent went abroad with the child. Hence, the petitioner was constrained to file W.P.(Crl) No.549 of 2009 before this Court for the issue of a Writ of Habeas Corpus for production of the child. This Court dismissed the Writ Petition (Crl) on 17.12.2009 relegating the petitioner to the Family Court, where the G.O.P. was pending. Since the relationship between the petitioner and the respondent was irretrievably broken, they decided to separate. They entered into an agreement incorporating the terms and conditions regarding the custody of the child. On 18.6.2011, incorporating the terms and conditions, the parties filed compromise petition before the Family Court. In the light of the compromise the Family Court decreed G.O.P.No.889 of 2009 on 18.6.2011 as follows :

(3.) THE petitioner alleges that the compromise decree dated 12.8.2011 was passed when the respondent was residing in the native place. It is also alleged that subsequently, the respondent married one Abdul Samad in April, 2012. Now, the respondent is residing with her husband in the family house of the respondent in Qatar. Hence, the petitioner filed a petition not to release the passport which was impounded by the court. Since the respondent is residing with her husband Abdul Samad after the marriage, the child is looked after by her mother at Poovathoor. The petitioner filed I.A.No.2117 of 2012 before the Family Court, Thrissur for permanent custody of the child, against which objection was filed by the respondent that she obtained a job in Qatar and hence she had gone to Qatar entrusting the child with her mother. The said interlocutory application was dismissed by the Family Court, Thrissur as per order dated 28.6.2012, which reads as follows :