ANNA SABITHA Vs. A.A. JUDESON

JUDGEMENT

(1.) This original petition is filed by the petitioner, who is the respondent in I.A. No. 1416/2015 in O.P. No. 1965/2011 on the file of the Family Court, Ernakulam, challenging the order passed in that application.

(2.) It is alleged in the petition that petitioner and respondent are wife and husband and petitioner is the respondent in O.P. No. 1965/2011. The original petition was filed by the respondent herein seeking custody of the first child now with the petitioner. They are having another child in that relationship, who is now with the respondent. The child was studying in Vidhyadhiraja Higher Secondary School, Angamali. The respondent herein filed I.A. No. 1416/2015 seeking direction to get transfer certificate from Vidhyadhiraja Higher Secondary School, Angamali to enable him to get admission to his daughter in another school at Kakkanad. The reason stated in the application was that there was an interim arrangement regarding custody of the child, in respect of whom original petition has been filed, to the effect that custody of the child will be given to the respondent herein on all holidays including weekends and since that was not complied with, he filed an application along with this petition for permitting the child to be admitted in another school, for that purpose directing the school authorities to issue transfer certificate. The petitioner herein filed a detailed counter statement denying the allegations and also stated that it will affect the interest of the child. The family court judge by Ext. P7 impugned order allowed the application, which is under challenge by filing this petition.

(3.) Heard the counsel for the petitioner and the respondent.