SMITHA.R. Vs. PRAMOD P.P.

JUDGEMENT

(1.) THE petitioner is the respondent in Ext.P4 Guardian O.P., pending before the Family court, Ernakulam. She is aggrieved by Ext.P10 order passed by the Family court, issuing an interim injunction restraining the petitioner (respondent in the I.A.) from removing their child from the school where now he is studying and also from the jurisdiciton of the Family court, until further orders.

(2.) SHORT facts relevant for our purpose are as follows : The respondent herein married the petitioner on 18.8.2002. A boy child by name Advitheeya P. @ Appu was born in the wedlock on 11.7.2003. Thereafter, the marital relationship between the petitioner and the respondent became strained. The petitioner approached the Family court, Ernakulam, with O.P.No.680/2013 under section 13 of the Hindu Marriage Act 1955, claiming divorce. That O.P. was allowed as per Ext.P1 judgment. Thereafter, the disputes prevailing at that time between the parties had been settled. Ext.P2 is the compromise petition executed by the parties and filed before the Family court in G.O.P No.679/2013. Subsequently, the petitioner re -married. Her second husband is permanently working in Delhi. The petitioner wanted to take her child to Delhi and continue his education in Delhi. When she made attempts in this regard, the respondent raised objections and he filed Ext.P4 O.P. for permanent custody of the minor child. In that matter, Ext.P10 interim order happened to be passed.

(3.) HEARD the learned counsel appearing for the petitioner and the respondents.