MARTIN THOMAS Vs. ANJANA ABRAHAM

JUDGEMENT

(1.) These matters arise from an order passed by the Family Court giving interim custody of the minor child to the petitioner in OP(FC) No. 49/2022. The petitioner in the above case viz., Anjana Abraham, is the mother of Master Andrew Thomas Martin, born on 10/4/2010. The custody of the child is with the father Martin Thomas, who is the petitioner in OP(FC) No. 37/2022. The custody was given to the father based on a compromise entered between parties in O.P.(G&W) No. 1008/2017 on the file of the Family Court, Kottayam. As per the compromise, the mother is also entitled to intermittent custody during vacation. The mother is working in U.A.E. Martin Thomas, father of the child resides at Changanacherry. The mother, Anjana Abraham moved the Family Court, Ernakulam for permanent custody of the child in O.P (G&W) No. 2146/2021. She also moved an application for interim custody vide I.A. No. 3569/2020. This application was dismissed by the Family Court. Thereupon, Anjana Abraham approached this Court in O.P(FC) No. 256/2021. This Court taking note of the fact that the custody was given to father Martin Thomas based on an order passed in O.P. No. 1008/2017 on the file of the Family Court, Ettumanoor, held that without varying that order such interlocutory application cannot be considered by the Family Court.

(2.) Aggrieved by the order, Martin Thomas approached the Apex Court in SLP No. 6959/2021. This matter was taken up along with another SLP filed by the Anjana Abraham arising from Habeas Corpus proceedings. The Apex Court on 9/12/2021 disposed the SLP affirming the order, dismissing the application for interim custody filed by Anjana Abraham. The child was by the time taken abroad by Anjana Abraham. She was also given time up to 31/12/2021 to bring back the child and hand him over to Martin Thomas.

(3.) On 11/11/2021, the Family Court again passed an order giving interim custody to the mother. This order is challenged by Martin Thomas in O.P(FC) No. 37/2022. Anjana Abraham approached this Court in O.P(FC) No. 49/2022 for implementation of the order passed by the Family Court and allowing Anjana Abraham to take the child abroad.