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2023 Supreme(Online)(KER) 9166

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
BIBIN MARY ABRAHAM – Appellant
Versus
PRINCE V ELIAS – Respondent


Advocates:
BHANU THILAK, S.R. PRASANTH, C.S. MANILAL, S. NIDHEESH

JUDGMENT

P.G. Ajithkumar, J.

The petitioner is the mother of three children, William Prince, Winston Prince and Wilfred Prince, who were born on 02.12.2011, 04.12.2014 and 12.07.2015 respectively. The respondent is the father. In O.P.(G&W) No.320 of 2021 filed by the petitioner before the Family Court, Thiruvalla declaring her the guardian of children and also to get custody of the eldest son, who is now in the custody of the respondent, a counter claim was filed by the respondent. He claims custody of the younger two children, who are now in the custody of the petitioner. The respondent in that original petition has filed I.A.No.4 of 2023 for getting interim custody of two younger children. The Family Court as per Ext.P8 order dated 31.03.2023 allowed the said interlocutory application subject to a few conditions. The petitioner challenges the said order in this original petition filed under Article 227 of the Constitution of India .

2. On 05.04.2023, notice on admission was directed to be served on the respondent. The respondent entered appearance through his learned counsel. The respondent has filed a counter affidavit.

3. Heard the learned counsel appearing for the petitioner and

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