RENY VARGHESE Vs. ROSHAN GEORGE

JUDGEMENT

(1.) The petitioner, who is working as a Staff Nurse in Doha has moved this original petition (FC) under Article 227 of the Constitution of India against the respondent, who is none other than her husband, who is a graduate working at Green Tree Agricultural Company, Doha, seeking reliefs as mentioned hereunder:

(2.) The petitioner is the respondent in the above mentioned O.P.(G&W) and the respondent is the petitioner therein. Each parties were represented before the Family Court, Thiruvalla through Power of Attorney Holders, who are none other than the mother and father respectively of each of them. Permanent custody of the minor ward, namely 'Reuben George Roshan', was sought for in the O.P.(G&W) No. 488/14. The averments in the writ petition, de sans the immaterial ones are reproduced hereunder:

(3.) The petitioner and the respondent got married on 15.11.2010 at Parumala Seminary Church, Parumala and the marriage was solemnised as per the customary rites under the Christian law that governs the parties. During their stay together at the house of the respondent, the minor child Reuben George Roshan was born on 13.3.2012. The marital relationship got estranged in the course of life due to differences in opinion among them. Therefore, since the last one year prior to filing of the original petition they opted for separate residence. The petitioner filed O.P.(G&W) No. 243 of 2014 against the respondent before the Family Court, Thiruvalla seeking permanent custody of the minor ward, Reuben George Roshan. During the pendency of the said case, O.P.(G&W) No. 488 of 2014 was filed by the respondent herein against the petitioner. I.A. No. 548 of 2015 was filed in O.P.(G&W) No. 488 of 2014 seeking interim custody of the minor ward. The Family Court, Thiruvalla through Ext. P3 order dated 6.6.2015 had allowed the I.A. and granted interim custody of the minor ward to the respondent for one day in every week, from 4 p.m. on Thursday till 4 p.m. on the succeeding Friday. Aggrieved by the said order, this O.P.(F.C.) is preferred on the ground that it is perverse, illegal and passed by the Family Court without application of mind.