SINIJA Vs. P. DEVADETHAN

JUDGEMENT

(1.) This original petition was filed by the mother challenging an order of the Family Court, Mavelikkara in an application for interim custody. The operative portion of the said order reads thus:

(2.) The mother, at the time of passing the above order, was in Dubai. She is now in India. The application filed by the mother before the Family Court to take the child abroad has been turned down by the Family Court for the obvious reason that in an Interlocutory Application, such a request cannot be acceded. In fact, in Smitha Antony vs. Koshy Kurian (2002 (3) KLT 516), we have considered a similar issue and opined that in an Interlocutory Application or in exercising the power under Article 227 of the Constitution of India, it may not be proper for the court to permit one of the spouse to take the child abroad. It is appropriate to refer the relevant paragraphs in the said judgment:

(3.) The custody of the child is now given to the mother taking note of the fact that she is now in India. However the moment she leaves abroad, the child has to be handed over to the father, as ordered in the impugned order. In the light of the facts and circumstances, we pass the following order: