LAKSHMI PAKATH MENON Vs. SUDHEER SIVASANKARAN MENON

JUDGEMENT

(1.) An order negativing the challenge of the wife, against the jurisdiction of the Family Court, Ottappalam to entertain and try G.O.P No. 217 of 2017 filed by the husband under Section 12 of the Guardian and Wards act, is assailed in this original petition.

(2.) The husband and wife are abroad. The minor child was born at U.S.A and is a U.S citizen. The Court at United States has passed an order granting custody to the mother. Therefore, the Family Court, Ottappalam does not have jurisdiction to entertain the original petition under Guardian and Wards Act, is the contention.

(3.) As directed by this Court, the father of the wife, who is her power of attorney holder and the petitioner in this original petition, along with his wife, and also the respondent husband with his parents, were present in Court today and we interacted with them. We find sufficient reasons not to interfere with the impugned order. It is not in dispute that the child is presently within the jurisdiction of the Family Court, Ottappalam, and is being taken care of by the maternal grand parents. As regards the order passed by the Court in United States, it is an ex parte order and is stated to have been passed when the husband was in India. The following proceedings are pending between the parties, before various courts in Kerala: