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2021 Supreme(Online)(KER) 19279

JOHAN PHILIP JAMES – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
['ABRAHAM P GEORGE', '', 'M SANTHY', 'SHRI P VIJAYAKUMAR', 'ASG OF INDIA']

JUDGMENT

Two minor children have approached this Court through their maternal grandmother seeking a direction for renewal of their passports. Petitioners 1 and 2 insist that the passports should be renewed without the consent of their father.

2. The mother of petitioners 1 and 2 is now studying in New Zealand under a student Visa and contends that she is entitled to take her family to New Zealand. Unfortunately, her husband-father of the children objected and hence, an original petition was filed before the Family Court, Muvattupuzha as O.P. No.257 of 2019 seeking a direction to take the minor child along with her to New Zealand during her higher studies. In the meantime, the father of the minor children filed a petition for restitution of conjugal rights by filing O.P. No.604 of 2019 as well as a petition for custody of the minor children as O.P. No.706 of 2019.

3. The dispute between the parents were finally settled and a compromise petition was filed before the Family Court on 30.11.2019. It was decided that they will start residing together as husband and wife along with their children and further that the maternal grandmother will take custody of the minor children when the moth

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