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2010 Supreme(Ker) 946

R.BASANT, M.L.JOSEPH FRANCIS
Yousaf – Appellant
Versus
Rubeena – Respondent


Advocates Appeared:
For the Appellant : V.V. Surendran and P.A. Harish

JUDGMENT :

R. Basant, J.

The appellant is the father of the respondents. The mother of the respondents was divorced by the appellant. There were disputes between the appellant and the mother of the respondents. Altogether there were six children born in the wedlock. When litigations were pending between the appellant and the mother of the respondents, Annexure A1 agreement was entered into. As per the terms of the said agreement, the respondents herein were allegedly handed over to the custody of the appellant. The mother of the respondents was given custody of only the sixth child, a male child. All pending proceedings were allegedly brought to termination after execution of Annexure-A1 agreement.

2. Subsequently, admittedly the children, the respondents herein continued in the custody of their mother. According to the appellant, their mother had snatched away the respondents, who were agreed to be and were actually handed over under Annexure A1 agreement to the appellant. The appellant did not take any steps to get the respondents back into his custody admittedly. The mother of the respondents filed an application u/s 125 Cr.P.C, claiming maintenance. That petition was allowed and m
















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