Kerala High Court
Neethu Paul vs Paul Sebastian on 21 November, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
2024:KER:87376
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
OP (FC) NO. 711 OF 2024
ORDER DATED 30.10.2024 IN IA 3/2024
IN OP NO.490/2024, FAMILY COURT, ALUVA
PETITIONER/PETITIONER/PETITIONER:
NEETHU PAUL, AGED 35 YEARS,
D/O PAULOSE GOPURATHINGAL VEEDU,
KARAYAN PARAMBU KARUKUTTY P.O,
KARUKUTTY VILLAGE, ALUVA TALUK,
ERNAKULAM DISTRICT, PIN - 683576.
BY ADVS. ALIAS M.CHERIAN
K.M.RAPHY
BRISTO S PARIYARAM
AMEERA JOJO
MINNU DARWIN
SHIJU VARGHESE (ERNAKULAM)
BINCY P. PAUL
RESPONDENT/RESPONDENT/RESPONDENT:
PAUL SEBASTIAN, AGED 45 YEARS
S/O. PAULOSE MADAPPILLY HOUSE,
POOPPATHY P.O, POYYA VILLAGE,
KODUNGALLOOR TALUK
THRISSUR DISTRICT, PIN - 680733.
SRI.AHAMMAD SAHEER M.A.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
21.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP (FC) NO. 711 OF 2024
-2-
JUDGMENT
Devan Ramachandran, J.
The challenge in this Original Petition is
against Ext.P11 order in I.A.No.3/2024 and
I.A.No.4/2024 in O.P.No.490/2024 of the learned
Family Court, Aluva.
2. The Original Petition has been filed by
the petitioner - mother, seeking custody of her
nine year old twin children. In the said
Original Petition, I.A.No.3/2024 was filed by
the mother seeking a temporary prohibitory
injunction, restraining the father from taking
the children away from her custody; and for
permission to take them to Ireland - where she
is working. While so, I.A.No.4/2024 was filed by
the father, seeking interim custody of the
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children.
3. After hearing both sides, the
learned Family Court partially allowed both the
applications, thus granting the mother interim
custody of the children, as long as she is in
India; and to the father, after she leaves India
for Ireland.
4. The appellant challenges this order
as being illegal and perverse, particularly
because she is now being forced to remain in
India, without any means of livelihood, solely
because the children have been disallowed to be
taken with her to Ireland.
5. We notice from the impugned order
that the sole reason stated by the learned
Court, in not allowing the children to accompany
their mother to Ireland, is that the said
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country and India do not have an extradition
treaty; and therefore, that if she refuses to
bring them back to India, when it is so required
during the pendency of the Original Petition or
thereafter, it would not be possible to force
her to.
6. Prima facie, we are of the firm
view that the learned Family Court could not
have taken such a view because, when orders are
issued to Indian citizens, obviously they will
be bound by the same; and it may not be
difficult for Courts to obtain their presence
through appropriate means, including consular
and diplomatic channels.
7. Be that as it may, it is not
necessary for us to dwell on this any further
because, pending this matter, the parties are in
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consent. For this, we certainly commend their
learned counsel because, we understand that they
have also intervened as per our initial request.
8. It is now agreed by the respondent
- father, that the appellant-mother can take the
children to Ireland, however, on three specific
conditions, namely that:
(a) The father be allowed to talk to the
children on Video Conference while in Ireland,
every day between 6 p.m. and 9 p.m. (Irish
time), subject to their consent and
convenience.
(b) The mother will not take any step to
change the nationality of the children, without
orders from the learned Family Court.
(c) The mother will return the children to
India as and when she is called upon to do so by
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the learned Family Court, either during the
pendency of the Original Petition or thereafter.
9. Sri.Alias M.Cherian - learned
counsel for the appellant - mother, submitted
that his client fully accedes to the afore
suggestion and that she makes an undertaking to
abide by the same implicitly.
Adverting to the afore and with the
consent of both sides, we allow this Original
Petition and set aside Ext.P11, to the extent to
which it has allowed I.A.No.4/2024, granting
interim custody of the children to the father
when the mother is abroad, and to the extent to
which it has allowed I.A.No.3/2024, granting
interim custody of them to the mother only when
she is in India.
Needless to say, the afore undertaking of
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the mother is fully recorded, and we caution her
that any violation thereof will visit her with
all necessary consequences under the penal and
civil laws as applicable.
Resultantly, we also direct the respondent
- father to assist in every manner, as is
statutorily required, to obtain the visa and
such other travel documents for the children;
and we record the undertaking of his learned
counsel - Sri.M.A.Ahammad Saheer, that this will
be done without demur.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
akv JUDGE
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OP (FC) NO. 711 OF 2024
APPENDIX OF OP (FC) 711/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORIGINAL PETITION NO.
490 OF 2024 FILED BY THE
PETITIONER/MOTHER BEFORE THE FAMILY
COURT, ALUVA
EXHIBIT P2 TRUE COPY OF THE INTERLOCUTORY
APPLICATION IA NO. 3 OF 2024 IN
ORIGINAL PETITION NO. 490 OF 2024
FILED BY THE PETITIONER/MOTHER BEFORE
THE FAMILY COURT, ALUVA
EXHIBIT P3 TRUE COPY OF THE OBJECTION DATED
OCTOBER 2024 IN IA NO. 3 OF 2024 FILED
BY THE RESPONDENT/FATHER BEFORE THE
FAMILY COURT, ALUVA
EXHIBIT P4 TRUE COPY OF INTERLOCUTORY APPLICATION
IA NO. 4 OF 2024 IN ORIGINAL PETITION
NO. 490 OF 2024 FILED BY THE
RESPONDENT/FATHER BEFORE THE FAMILY
COURT, ALUVA
EXHIBIT P5 A TRUE COPY OF OBJECTION DATED OCTOBER
2024 IN IA NO. 4 OF 2024 FILED BY THE
PETITIONER/MOTHER BEFORE THE FAMILY
COURT, ALUVA
EXHIBIT P6 TRUE COPY OF THE FIRST INFORMATION
REPORT DATED 28/09/2023 IN CRIME NO.
1140 OF 2023 OF ANGAMALY POLICE
STATION
EXHIBIT P7 TRUE COPY OF CERTIFICATE DATED
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22/10/2024 OF CATHRYNN PAUL FROM
SANTHOME CENTRAL SCHOOL.
EXHIBIT P8 TRUE COPY OF THE CERTIFICATE DATED
22/10/2024 OF CAROLLYNN PAUL FROM
SANTHOME CENTRAL SCHOOL
EXHIBIT P9 TRUE COPY OF THE APPLICATION FORM
DATED 26/04/2024 OF CATHRYNN PAUL FOR
ADMISSION TO QUEEN OF ANGELS PRIMARY
SCHOOL, DUBLIN
EXHIBIT P10 TRUE COPY OF THE APPLICATION FORM
DATED 26/04/2024 OF CAROLLYNN PAUL FOR
ADMISSION TO QUEEN OF ANGELS PRIMARY
SCHOOL, DUBLIN
EXHIBIT P11 CERTIFIED COPY OF THE COMMON ORDER
DATED 30/10/2024 IN IA NO. 3 OF 2024
AND IA NO. 4 OF 2024 IN OP NO. 490 OF
2024 PASSED BY THE FAMILY COURT, ALUVA
