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2022 Supreme(Ker) 284

A.MUHAMED MUSTAQUE, SOPHY THOMAS
Smitha Antony, D/o. Antony – Appellant
Versus
Koshy Kurian, S/o. Kurian – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.P.MADHAVANKUTTY, MATHEW DEVASSI, ANANTHAKRISHNAN A. KARTHA
For the Respondent: MANJU ANTONEY, R.ANAS MUHAMMED SHAMNAD, SRI.ANIL MALHOTRA, AMICUS CURIAE

JUDGMENT :

Sophy Thomas, J.

The mother of four minor children is before us, challenging Ext.P10 order of the Family Court, Pala dismissing her prayer for interim custody, and permission to take the children to Australia.

2. The petitioner and respondent are husband and wife. Four children were born in their lawful wedlock. The parents and the children were all in Australia, as the petitioner was employed there as a Staff Nurse. In the year 2019, the respondent came back to his native along with the four children and since then, the children were under his care and custody. The elder child, Maria Koshy, lodged a complaint before Ponkunnam Police, alleging ill-treatment from the part of her father and a crime was registered against him. Thereafter, the elder child was with the maternal grandmother, and the other children continued with the father. The petitioner came down from Australia to see her children, but she was not permitted by the respondent. So, she filed O.P No.772 of 2021 before Family Court, Pala along with I.A No.2 of 2021 for interim custody of the three children, who were under the custody of the respondent. The Family Court directed the respondent to produce the childre

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