IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V &

THE HONOURABLE MR. JUSTICE P.M.MANOJ TH FRIDAY, THE 14 DAY OF JUNE 2024 / 24TH JYAISHTA, 1946 OP (FC) NO. 378 OF 2024 AGAINST THE ORDER/JUDGMENT DATED 04.06.2024 IN GOP NO.2180 OF 2019 OF FAMILY COURT,THRISSUR PETITIONER/S:

FEBEENA K.M, AGED 37 YEARS D/O MUHAMMAD IQBAL, KARAPPAMVEETTIL HOUSE, PARALAM DESOM, PALAKKAL, VENGINISSERY VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680563 BY ADV RAJESH CHAKYAT RESPONDENT/S:

SHAFEEK T.A, AGED 40 YEARS S/O ABDUL KHADER. THOTTUPARAMBATH HOUSE, CHELINGAD DESOM, KAIPAMANGALAM VILLAGE, KODUGALLUR TALUK, THRISSUR DISTRICT, PIN - 680681 BY ADVS.

MUHAMMED SHAFI .M T.RASINI(K/000090/2017)

ADHEELA NOWRIN(K/000855/2020)

OTHER PRESENT:

SRI MOH. SHAFI, FOR PARTY RESP.

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 14.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Raja Vijayaraghavan, J.

This petition is filed challenging the order dated 04.06.2024 in I.A No. 4 of 2024 and I.A No.6 of 2024 in GOP No.2180 of 2019.

2. The Original Petition is filed by the husband before the Family Court, Thrissur for permanent custody of the minor child. It appears that during the pendency of the litigation, the disputes were resolved between the parties and the divorce was entered into by way of ‘Mubarath’. As per the settlement, which is dated 21.12.2019, the parties agreed that the permanent custody of the child shall be with the mother. The father was granted visitorial rights and overnight custody during vacations.

2. The petitioner states that the parties were acting in terms of the agreement entered into between the parties. During summer vacation, the child was handed over to the father on 23.05.2024. Instead of returning back the child in terms of the agreement, three separate applications were filed by the father. I.A. No.3 of 2024 was filed seeking modification of the earlier order, I.A.No.4 of 2024 was filed seeking an injunction restraining the mother from taking the child with her and I.A. No. 6 of 2024 was filed for directing the school authorities to issue a transfer certificate to the child for joining S.N.Vidya Bhavan English Medium School.

3. The contention in the application is that the mother of the child was having a relationship with the driver of the school. Since this relationship was objected to by her parents, she shifted her residence to an apartment at Thrissur. Thereafter on 11.5.2024, the respondent married the said person by following Hindu rites and ceremonies, as her husband is a Hindu by birth. The petitioner states that the respondent was trying to convert the child and he is now being addressed by a Hindu name. The child is also being compelled to go to the temple. He stated that the child is refusing to attend his School complaining that his friends have been mocking him by saying that the school driver is his step-father.

4. The respondent has filed a detailed objection. She denied the allegations levelled against her. She however stated that she got married to another person on 11.5.2024 by invoking the provisions of the Special Marriage Act. She stated that the petitioner was bound by the earlier order passed by the Family court.

5. The Family Court, after appreciating the facts and circumstances, was of the view that there has been a change of circumstances. Finding that the child was under serious stress, he was referred to counselling. Thereafter, the Family court interacted with the child. The child stated to the court in unequivocal terms that he wishes to permanently reside with his father. He also stated that the maternal grandparents are not on good terms with his mother and she has started living separately. Furthermore, the child stated that his mother is staying in a two bedroom apartment and he is sleeping next to his mother and step-father for want of space. Finding that the child is aged about 14 years and is able to express his wishes in an int