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2023 Supreme(Online)(KER) 12533

HIGH COURT OF KERALA
AMIT RAWAL, C.S. Sudha, JJ
JISHA – Appellant
Versus
PRATHEESH – Respondent


Advocates:
P.DALBI, EMMANUEL JOSMY P. THOMAS, SUNIL C.G

JUDGMENT

AMIT RAWAL J

1. The present petition is directed against the order dated 26.07.2023 in I.A. No.2 of 2023 in O.P.No.705 of 2023 whereby the interim custody of the children aged 7 and 13 years was given to the father and the mother was permitted to meet them on second Saturday of every month before the Family Court by

10.30 p.m. to 12.30 p.m.

2. The marriage between the husband and wife was performed on 31.03.2008 according to the Hindu Customary rites and after that they lived together as husband and wife. Two children now aged at 7 and 13 were born out of the marriage. Due to the difference of opinion the relationship between the parties strained and started living separate from 01.05.2019. Parties have entered into a compromise vide agreement dated 26.05.2023 and on the basis of that, Family Court vide decree dated 29.05.2023 in Original Petition No.438 of

2023 granted divorce.

3. Learned counsel appearing on behalf of the petitioner submitted that the agreement dated 26.05.2023 clearly stated that minor children were residing with the wife. Children continued to live with the petitioner but however in the month of June, 2023 were forcibly taken by the husband who is stated to

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