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1972 Supreme(Ker) 222

P.GOVINDA NAIR, K.SADASIVAN, V.BALAKRISHNA ERADI
CHACKO PULPARAMPIL – Appellant
Versus
MARGARETTE MARIA – Respondent


Judgment :-

1. These Civil Miscellaneous Petitions are the aftermath of a Full Bench judgment of this Court in O. P. No. 71 of 1968 reported in 1969 KLT. 174. One of the questions considered in that judgment was with whom, the father or the mother, the custody of two infants, Konstanze born on the 15th July 1964, and Thomas Markus born on the 22nd February 1966, should be entrusted in exercise of the jurisdiction of this Court as parens patriae, in the best interests and for the welfare of the infants. We then came to the conclusion that the custody must be with the mother subject to certain conditions mentioned in Para.27 of the judgment which we may extract:

an anxious consideration of all the aspects we have come to the conclusion that we must entrust the children to the petitioner, the mother. As we indicated, we have to introduce sufficient safeguards for the enforcement of the further orders of this Court. The safeguards that we consider that are necessary in this regard are the following:

1. The petitioner will execute a bond to this Court to produce the children whenever ordered by this Court to do so.

2. An undertaking from the German Consulate authority in Madras that they w

















































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