ABDUL SATHAR A Vs. ANOOJA BASHEER

JUDGEMENT

(1.) The father of two minor children Aahil and Aafreen, aged 9 years and 7 years, studying in the 5th and 3rd standards respectively, has filed this Original Petition challenging the interim orders granted by the Family Court, Ernakulam, in I.A.No.2044/2014 in O.P No.949/2014, by which the custody of minor children has been granted to the respondent/mother with visitation rights to petitioner on Second Saturday and Sunday, and setting aside the exparte orders issued in O.P.No.437 of 2014.

(2.) The circumstances leading to the impugned orders are as follows. The petitioner and respondent got married on 11.09.2003.The petitioner was employed as Electronics Engineer in Dubai. The respondent was also employed in Dubai after acquiring her B.Tech. Degree, even before the marriage. After the marriage, the petitioner returned to Dubai on 14.10.2003. Thereafter, the respondent also joined him and started living together. The boy child Aahil was born on 23.11.2004 and the girl child Aafreen was born on 07.09.2006. They continued in Dubai till the year 2009. In 2009, the respondent returned to Ernakulam and admitted the children in Choice School, Tripunithura.By 2011, the petitioner also returned from Dubai to join the family.

(3.) The parents of the petitioner are in Olavakkode in Palakkad District and parents of the respondent are in Muvattupuzha in Ernakulam district. After the marriage, certain properties were acquired in the joint name of petitioner and respondent. Claims are raised by each other, saying that those properties are acquired utilising the funds of either of them/jointly. The petitioner joined the business of his brother in Palarivattom while the respondent joined for M.Tech. in CUSAT. Difference of opinion started arising among them, which aggravated by November, 2012. According to the petitioner, the respondent has been undergoing treatment for mental disorder. She was adamant in continuing in Ernakulam without joining his parents at Olavakkad despite repeated requests.