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2026 Supreme(Online)(Ker) 13651

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
NASHEEDA REP. BY POA ABDUL LATHEEF – Appellant
Versus
SAHID M.K – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.JERIL BABU, SHRI.SRINATH GIRISH
For the Respondents: SHRI.B.SURJITH, SMT.AKSHAYA REGHU, SMT.RAHANA JOSE, SHRI.LIJO JOSEPH

JUDGMENT Devan Ramachandran, J.

The petitioners challenge Ext.P3 order of the learned Family Court, Malappuram, since it has directed the first among them to bring back her children to India - to be left in the care of her mother(2nd petitioner herein) – for the singular reason that they were not being sent to school at Abu Dhabi, where she is staying; but, clarifying that this will be so only until she is able to provide proper schooling to them abroad.

2. It is the specific contention of Sri.P.Jeril Babu – learned counsel for the petitioners, that the shifting of the children to India, in compliance of Ext.P3 order, is no longer necessary because, the 1st petitioner has obtained admission for them in a school, near where she is now staying, as evident from Ext.P5 receipt dated 02.02.2026. He prayed that hence this Court hold that the 1st petitioner is now not under the obligation to bring back the children.

3. Sri.B.Surjith – learned counsel for the respondents, however, countered the afore, saying that the direction in the impugned order - that the 1st petitioner bring back the children to India - is not solely because they were not sent to school, but also since they were not bei

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