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2025 Supreme(Ker) 283

C. S. DIAS
Ammu Ajit W/o Santhosh R. V – Appellant
Versus
Central Adoption Resource Agency – Respondent


Advocates Appeared:
BY ADVS. A.PARVATHI MENON P.SANJAY P.K.MURALYKRISHNAN BIJU MEENATTOOR PAUL VARGHESE (PALLATH) KIRAN NARAYANAN RAHUL RAJ P. MUHAMMED BILAL.V.A MEERA R. MENON
BY ADVS. RAJESH SIVARAMANKUTTY K.V.ANTONY(K/522/2015) VIJINA K.(K/229/2016) ISAAC GEORGE(K/000586/2017) ARUL MURALIDHARAN(K/000853/2018) GOVERNMENT PLEADER SMT. VIDYA KURIAKOSE

JUDGMENT :

1. The petitioners' case, in brief, is as follows:

    (i) The first petitioner was married to the fifth respondent and a son was born in their wedlock on 13.3.2007. Their relationship got strained, which led to litigations. Eventually, by Ext.P1 judgment passed by this Court, the marriage between the petitioner and the fifth respondent was dissolved on mutual consent, and all the cases between them were dismissed. As per the terms of the compromise, the permanent custody of the child was given to the first petitioner, and interim custody of the child was given to the fifth respondent.
    (ii) Later, disputes again arose between the parties regarding the child's custody, which was settled by Ext.P6 judgment passed by the Hon’ble Supreme Court.
    (iii) Since February 2016, the fifth respondent has not attempted to visit or contact the child. He registered himself on a Kerala Matrimony site, stating that he has no children from his previous marriage, virtually disowning his child. While exercising the visitorial right over the child, the fifth respondent picked up a quarrel with the first petitioner, and a crime was registered. The fifth respondent, his


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