MEERA DAVIS Vs. JEEN THOMAS

JUDGEMENT

(1.) Shaffique, J This original petition is filed by the petitioner in O.P.No.409/2017, pending before the Family Court, at Pala, challenging order dated 25/07/2017 in I.A.Nos.554/2017.

(2.) The short facts arising in the matter are as under: The petitioner married the respondent on 26/10/2009 as per Christian customary rites and rituals. Petitioner, at the relevant time, was working as a Nurse in the Republic of Ireland. After marriage, the couple went to Ireland and they were residing there until recently. Two children were born to them in their wedlock. The eldest child, Neha Maria Jeen is now about 7 years and the second child, Master Steve Jeen is now three years. The children were born and brought up in Ireland. The eldest child was undergoing her studies in Ireland. During vacation alone, they used to come to India.

(3.) Petitioner has a contention that she was not being properly treated by the respondent. Though he is a post graduate in Information Technology, he did not wish to go for any employment and all the expenses were being met by her. It is her contention that the respondent, on 29/04/2017, had come to India along with their children and is now residing at his house in India. She alleges that children were forcibly taken by the respondent from Ireland against her will. She further alleges that during 2012 also, he had come to India with the two year old daughter without informing her and thereafter, at the intervention of parents and relatives, he had returned back. It is further contended that the children are Irish citizens and the elder child is studying at Scoil Bhride, Clane, Kildare, Republic of Ireland and the younger child is depending upon her for every small things and he is very attached to the petitioner and she has arranged Kindergarten admission for him at La Petite Ecole Montessori at Scoil Bhride, Republic of Ireland. Seeking permanent custody of the minor children and to declare her as the guardian of the children, this original petition is filed. In I.A.No.546/2017, the petitioner sought for a direction to the respondent to produce the minor children and grant her interim custody till 30/07/2017, which was allowed by the Family Court. In I.A.No.554/2017, she sought for temporary custody of the minor children and permission for her to take the children to the Republic of Ireland and to continue their education in Ireland.