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2023 Supreme(Online)(KER) 24493

HIGH COURT OF KERALA
AMIT RAWAL, C.S. Sudha, JJ
ABINA XAVIER – Appellant
Versus
NIDHIN K.B – Respondent


Advocates:
PRAVEEN K. JOY, E.S.SANEEJ, T.A.JOY, M.P.UNNIKRISHNAN, N.ABHILASH, ARDRA ANIL, DEEPU RAJAGOPAL, ALBIN VARGHESE, ABISHA.E.R, FATHIMA, SHALU, S.ANUPAMA NAIR

J U D G M E N T

C.S.Sudha, J.

This petition under Article 227 of the Constitution has been filed by the petitioner/wife challenging the order dated 06/07/2023 in I.A.No.1/2023 in GOP.No.1066/2023 on the file of the Family Court, Ernakulam. The application was moved seeking interim custody of her minor children. The respondent/husband herein is the respondent in the proceedings before the trial court also. The parties will be referred to as described in the proceedings before the trial court.

2. The case of the petitioner in the GOP.No.1066/2023 is – The respondent is the husband of the petitioner. They have twin boys named Aagnesh Nidhin and Aagnendh Nidhin aged 5 years. The petitioner has been living separately from the respondent as she was brutally manhandled by the latter and his mother. The custody of the twin boys is with the respondent, who is preventing the petitioner from meeting her children. I/A No.1/2023 was moved seeking interim custody of the twin boys.

3. The respondent/husband opposed the application contending that he has already moved a petition for divorce on the ground of cruelty and adultery. The paramour of the petitioner is the second respondent in the divorce

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