REJEESH RAJAN Vs. PRIYANKA REJEESH

JUDGEMENT

(1.) This is an application filed by the petitioner who is a respondent in the impugned application challenging the order passed by the Family Court, Ernakulam in I.A 246/2015 in OP 722/2014 on the file of that court in invoking supervisory jurisdiction under Article 227 of the Constitution of India.

(2.) It is alleged in the petition that the petitioner and respondent are husband and wife and their marriage was solemnized on 18-05-2006 and two male children were born to them in that wedlock, who are aged 8 years and 6 years respectively. Both of them are now studying at Swamy Gopalananda Theertha Saraswathy Vidyanikethan School, Nochima, Aluva. There arose disputes between the spouses, which resulted in filing several applications before the Family Court including G.O.P by the petitioner herein declaring that he is the guardian of the minor children and also seeking permanent custody of the children. In that some interim arrangements were made by which the respondent herein was permitted to stay in a rented house on condition of paying Rs.7,000/- by the petitioner herein and also agreeing to meet the education expenses of the children in the school. Thereafter the respondent herein filed I.A. No.246/2015 for permission to get T.C. from the school so as to admit them in the school of her choice at her native place at Pathanamthitta. Reasons stated in the petition was that she was supported her brother and her brother was residing there along with her. Now he got employment and without the support of others it is not possible for her to live alone with the children in the rented house. If she can admit the children at Pathanamthitta where her parents are residing it will be both helpful for the children as well as the respondent herein. The petitioner filed detailed objection stating that he was cancer patient after treatment, it was cured and the only attempt of the petitioner is to avoid right of the petitioner to see the children that such an attempt has been made by the respondent herein. After considering the submissions of both sides, the Family Court Judge passed Ext.P5 impugned order allowing the application directing the petitioner herein to give consent to the school authorities within a week to issue TC to the children, failing which the school authorities are directed to issue the TC to the children to enable the respondent herein to admit the children of the school of her choice in her native place. This order is being challenged by the petitioner by filing this original petition.

(3.) Heard Senior Counsel Sri. S.V. Balakrishna Iyer appearing for the petitioner and Sri.Jagan Abraham M. Geroge, counsel for the respondent.