SMITHA ANTONY Vs. KOSHY KURIAN

JUDGEMENT

(1.) The mother of four minor children is before us, challenging Ext.P10 order of the Family Court, Pala dismissing her prayer for interim custody, and permission to take the children to Australia.

(2.) The petitioner and respondent are husband and wife. Four children were born in their lawful wedlock. The parents and the children were all in Australia, as the petitioner was employed there as a Staff Nurse. In the year 2019, the respondent came back to his native along with the four children and since then, the children were under his care and custody. The elder child, Maria Koshy, lodged a complaint before Ponkunnam Police, alleging ill-treatment from the part of her father and a crime was registered against him. Thereafter, the elder child was with the maternal grandmother, and the other children continued with the father. The petitioner came down from Australia to see her children, but she was not permitted by the respondent. So, she filed O.P No.772 of 2021 before Family Court, Pala along with I.A No.2 of 2021 for interim custody of the three children, who were under the custody of the respondent. The Family Court directed the respondent to produce the children before the court on 19/1/2022. But the respondent failed to do so, and so, she approached this Court by filing O.P (FC) No.52 of 2022. This Court gave custody of the three children to the mother subject to visitorial rights of the father, and the O.P (FC) was disposed of directing the Family Court to take a decision on the prayer for interim custody.

(3.) Meanwhile, the petitioner filed I.A No.5 of 2022 before the Family Court for permitting her to take the children to Australia, as it will be better for their education and well-being. After admitting objections and hearing the rival contentions from either side, the Family Court passed Ext.P10 common order in I.A No.2 of 2021 and I.A No.5 of 2022 granting interim custody of the children to the petitioner only till 22/3/2022 and to return the three children to the respondent, as she goes back to Australia. Her prayer for permission to take them to Australia was also rejected.