K.Harilal, J.

1. The appellant is the husband of the respondent herein.

He was the petitioner in O.P.(G&W) No.551/2015 of the

Family Court, Thiruvananthapuram. The aforesaid

original petition was filed seeking declaration of

guardianship and for permanent custody of the minor

boy. The marital relationship and legitimacy of the

children are not disputed. According to the petitioner,

due to the differences of opinion, the petitioner and

the respondent fell apart and now the petitioner is

residing and working at Ernakulam and the respondent

is residing in her parental house and working at

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Thiruvananthapuram. The children are living along

with the respondent at Thiruvananthapuram in the

parental house of the respondent. The elder son is

aged 14 years and now he is studying in 8^th standard at

Christ Nagar School, Thiruvananthapuram and the

younger boy is in 2^nd standard in the very same school.

According to the petitioner, after marriage they were

living together and were working at Ernakulam and the

children were born at Ernakulam. When the eldest son

was studying in 2^nd standard, the respondent on her

own volition, had shifted her residence to

Thiruvan