JUDGMENT

Dated this the 30^th day of January, 2024 Anu Sivaraman, J.

Heard the learned counsel appearing on either side.

2. This OP(FC) is filed seeking directions to the Family Court, Mavelikkara to consider the question of maintainability of OP(G&W) No.2182/2023 in the light of the fact that the children are under the custody of the petitioner-father on the basis of the Mubarath agreement accepted by both parties and Ext.P2 judgment of the Family Court, Chavara.

3. It is submitted by the learned counsel for the petitioner that since the matter stood settled between the parties as evidenced by Ext.P2, the application, if any, for custody could have been filed by the mother, who was a party to the earlier litigation, only before the Family Court, Chavara. It is submitted that the petitioner has raised objections with regard to the jurisdiction of the Family Court, Mavelikkara to consider the OP(G&W) and that the Family Court, Mavelikkara was not justified in directing the production of the children without considering the question of maintainability.

4. The learned counsel appearing for the respondent-mother, on the other hand, submits that the children are residing within the jurisdiction of the Family Court, Mavelikkara and that, therefore, the Family Court, Mavelikkara is the proper court to consider the OP(G&W).

5. Having considered the contentions advanced, we are of the opinion that the question with regard to maintainability has to be first decided by the Family Court, Mavelikkara before ordering production of the children for interaction. The Family Court, Mavelikkara is directed to take up the question of maintainability, hear the parties and pass appropriate orders on the same, before passing any further orders in the matter. Necessary orders shall be passed within a period of three weeks from the date of receipt of a copy of this judgment.

This OP(FC) is ordered accordingly.

Sd/-

ANU SIVARAMAN, JUDGE Sd/-

C. PRATHEEP KUMAR, JUDGE NP APPENDIX OF OP (FC) 27/2024 PETITIONER'S EXHIBITS Exhibit P1 COPY OF MUBARATH AGREEMENT WHICH EXECUTED ON

17.09.2022.

Exhibit P2 COPY OF JUDGMENT DATED 4.9.2023 IN O.P (MMA)

53/2022 OF FAMILY COURT, CHAVARA.

Exhibit P3 COPY OF PROGRESS REPORT ISSUED THE SCHOOL AUTHORITIES IN RESPECT OF THE ELDER SON OF THE PETITIONER.

Exhibit P4 COPY OF THE PETITION SUBMITTED BY THE RESPONDENT BEFORE THE FAMILY COURT, MAVELIKKARA AS OP (G&W) NO. 2182/2023 Exhibit P5 COPY OF PETITION IN I.A.NO. 1/2023 IN OP (G&W) NO. 2182/2023 WAS ALSO FILED FOR GIVING THE TEMPORARY CUSTODY OF THE CHILDREN.

Exhibit P6 COPY OF THE MAINTAINABILITY PETITION FILED BY THIS PETITIONER IN OP (G&W) NO. 2182/2023 BEFORE THE FAMILY COURT, MAVELIKKARA DATED

6.1.2024 Exhibit P7 COPY OF COPY-APPLICATION DATED 9.1.2024 IN OP (G&W) NO. 2182/2023 BEFORE THE FAMILY COURT, MAVELIKKARA SUBMITTED BY THE PETITIONER.

Exhibit P8 COPY OF NOTICE FROM FAMILY COURT, MAVELIKKARA DATED 3.1.2024 WHICH RECEIVED ON 6.1.2024.

RESPONDENT'S EXHIBITS: NIL