Mary Joseph, J.

O.P. (FC) No. 148 of 2016 is filed by Smt. Salini, the petitioner in O.P. No. 573/2015, who is the mother of a child, namely Adithya Shankar, challenging the order of the Family Court, Kozhikode dated 29.10.2015 in I.A.No.1249/2015 in O.P. No. 573/2015. O.P. (FC) No. 194 of 2016 is filed by Sri. Umasankar, the petitioner in O.P. No. 706/2015 on the files of the Family Court, Thrissur, who is the father of the child, challenging the order of the Family Court, Kozhikode dated 16.10.2015 in O.P. No. 573/2015.

2. The Registry has received a communication from the Presiding Officer of Family Court, Kozhikode informing that as per its order dated 29.10.2015 in I.A. No. 1249/2015, further proceedings in O.P. No. 573/2015 was stayed under Section 14(1) of the Guardians and Wards Act, 1890 (for short 'the Act'), on the reason of parallel proceedings pending before the Family Court, Thrissur as O.P. No. 706/2015. The matter was reported under Section 14(2) of the Act to determine the Court having the authority to decide on the issue of custody of the child. When the matter was placed before the Judges in charge of the respective Judicial Districts, it was decided to place the matter on the Judicial side as suo motu Matrimonial Reference, and the same was approved by the Honourable the Chief Justice. Subsequently, the Presiding Officer of the Family Court, Thrissur had also reported the same matter to this Court for necessary direction as per Section 14(2) of the Act. Therefore, the matter has come up before us as Matrimonial Reference.

3. The permanent custody of a minor child namely Adithya Shanker, aged 3 years was sought by Sri. Umasankar and Smt.Salini, his father and mother respectively in the Family Court, Thrissur and Kozhikode in two separate proceedings initiated as O.P. Nos. 706/2015 and 573/2015. Admittedly, the minor child Adithya Shankar was born to them out of their marriage solemnised on 9.1.2010 at Karthika Kalyanamandapam at Mukkom, Kozhikode.

4. The couple spent their initial days of marital life happily and peacefully. Thereafter, the relationship got strained and accordingly, the parties started residing separately. It is in the said circumstances that applications have been moved under various forums seeking for appointment as the guardian of the minor child.

5. The pleadings of the parties in the respective O.Ps. are necessary to be dealt with before proceeding to decide on the issue of territorial jurisdiction of the family court to entertain an application seeking appointment of a guardian. The rival pleadings of the parties in the respective O.Ps. are contextually relevant. Those would reveal that the parties are consensual on certain aspects and those aspects alone need to be adverted to while dealing with the issue relating to territorial jurisdiction.

6. The pleadings of Sri.Umasankar in O.P. No. 706/2015 are to the following effect:-

The marriage between himself and Smt.Salini was solemnised on 9.1.2010 at Mukkam auditorium at Arikkode, Kozhikode as per Hindu religious rites and ceremonies. He went abroad after 1 months' stay together and later on, she joined him. She got conceived and in the month of March 2011, left Gulf for delivery and gave birth to the minor boy child Adithya Shankar at Thiruvananthapuram on 04.10.2011. Thereafter, he returned to the country to celebrate the 28th day ceremony of the child. On the child attaining 6 months, she joined him at Dubai. After sometime, she obtained a job as Nurse at ICCONS, Hospital, Kavalappara, Shornur and left Dubai to join the job without his permission. Thereafter, the depth of their relationship started degrading for several reasons. Having been informed of allegations about the immorality of his wife, he rushed to the country in November 2014. When she was questioned about the allegations against her, she retorted and stated to him that she would continue her wayward life. He again visited the country on 14.4.2015 to shift the residen