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2003 Supreme(Ker) 118

K.A.ABDUL GAFOOR, K.THANKAPPAN
Merlin Thomas – Appellant
Versus
C. S. Thomas – Respondent


Advocates:
Smt. Elizabeth Mathai Idiculla, Sri George Cherian (Thiruvalla) for Appellant; K. M. Joseph, Sri Sabu George, for Respondent.

Judgement

THANKAPPAN, J. :- Both the appeals are filed against the order of the Family court, Kottayam at Ettumanoor in O.P. (G and W) No. 554/2000. The custody of a minor child, Arya Rose Mary, aged 6 years, is the subject matter of the Original Petition. The marriage between the petitioner and the respondent was solemnised on 11th February, 1995 at Cathedral Church, Changanacherry as per Christian rites. The child was born on 3-1-1996. The married life between the parties were happy for some time. The petitioner/husband is young and well educated and is working in the office of the Divisional Office, LIC of India, Kottayam. The respondent wife is also young and educated. Later, the marital relationship of the petitioner and the respondent became strained due to suspicious nature of the parties and even alleging mental disorder against each other. At last the respondent left the company of the petitioner and started living, with the child, in her parental house. Mediators including heads of religious institutions intervened and attempted to bring them together. All these attempts became futile. Later, the husband was forced to file O.P. No. 528/2000 before the Family court for a de








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