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 jurisdicti