AMITH T.S. Vs. DIVYA M.S.

JUDGEMENT

(1.) The issues arising for consideration in these review petitions are closely interlinked and they are, therefore, disposed of by this common order. Parties are referred to in this order for convenience, as they appear in R.P.No.581 of 2024. The review petitioner is the petitioner in the original petition, from which the said review petition arises viz, O.P.(FC) No.683 of 2023. The respondent is the respondent therein and the former wife of the petitioner. The dispute relates to the custody of their minor child, Adwaith.

(2.) The petitioner filed G.O.P. 1537 of 2016 before the Family Court, Thrissur, seeking orders declaring him as the guardian of the child. The said proceedings was disposed of based on a mediation settlement, in terms of which permanent custody of the child was given to the respondent, subject to the visitation rights of the petitioner. Subsequently, when the respondent entered into a second marriage and relocated to Canada to pursue higher studies entrusting the child with her parents in India, the petitioner filed I.A.No.20 of 2023 seeking orders granting permanent custody of the child to him by modifying the order passed in the proceedings, and I.A.No.40 of 2023, seeking orders permitting the petitioner to take the child to Dubai, where he is presently working, so as to enable the child to continue his education there. The petitioner also filed I.A.No.43 of 2023 seeking interim custody of the child pending disposal of I.A.Nos.20 and 40 of 2023.

(3.) When the petitioner preferred the above referred interlocutory applications, the respondent filed I.A.No.26 of 2023 seeking orders permitting her to take the child to Canada and I.A.No.27 of 2023 seeking orders modifying the visitation rights granted to the petitioner in terms of the order originally passed by the Court. The Family Court dismissed I.A.Nos.26 and 27 of 2023 and allowed I.A.Nos.20 and 40 of 2023 subject to the visitation rights of the respondent and her parents and also on condition that the child shall be taken to the place of employment of the petitioner, Dubai only in the ensuing academic year. I.A.No.43 of 2023 was closed on the same day in the light of the order passed on I.A.Nos.20 and 40 of 2023.