IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B. KOSHY & THE HONOURABLEMR. JUSTICE THOMAS P. JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 25802 of 2008(S) -------------------------- GOP.479/2008 of FAMILY COURT,ERNAKULAM .................... PETITIONER: ------------ SOLY CYRIAC @ ELIZABETH, D/O.THOMAS KURIAN CYRIAC, AGED 38, KARAMVELLI HOUSE, MEENKUNNMA KARA, MOOVATUPUZHA TALUK, REPRESENTED BY POWER OF ATTORNEY HOLDER EMMANUEL, S/O. THOMAS KRIAN CYRIAC, KARAMVELIL HOUSE, MEENKUNNAM.P.O, ARAKUZHA VILLAGE, MUVATTUPUZHA. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENTS: ------------- VINCENT @ FRANCIES, S/O. VARKEY, AGED 43, POOVATHUNKAL (KALAYATHUMPARA) HOUSE, MANIYARANKUDY KARA, THODUPUZHA, IDUKKI. BY ADV. SRI.J.JULIAN XAVIER FOR R1 SRI.FIROZ K.ROBIN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008 ALONG WITH WPC.NO.26382/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.25802/08 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE JUDGMENT DTD 3.8.05 IN OP (DIVORCE) 34/05. EXT.P2 COPY OF THE SCHOOL ENROLLMENT PAPERS EXT.P3 COPY OF G.OP. PETITION NO.479/08 DTD 3.4.08. EXT.P4 COPY OF THE OBJECTION IN GOP.479/08. /TRUE COPY/ cl J.B. KOSHY & THOMAS P. JOSEPH,JJ. ------------------------------------------- W.P.(C).NO.25802 OF 2008-S & W.P.(C).NO.26382 OF 2008-S ------------------------------------------ Dated this the 1st day of September, 2008. JUDGMENT Koshy, J: These writ petitions are filed by the mother of a child called Ann Mary. In the marriage with the respondent, this child was born. Thereafter, the marriage ended in divorce and both of them remarried. The child is now residing with the parents of the mother. It is also submitted that the husband has got one child in the other marriage. These petitions are filed for appointing the petitioner as guardian so that she can take the child to Ireland for a better education of the child. Mother is working in Ireland. The counsel for the respondent submitted that the respondent wanted to see the child occasionally as he is the natural guardian. 2. We have called for G.O.P.No.479/2008 pending before the Family Court, Ernakulam, also. In the circumstances of WPC.NOS.25802&26382/08 . 2 the case, we appoint the petitioner/mother as the guardian of the child on condition that the mother is permitted to take the child abroad and in every annual vacation, the respondent should be permitted to see the child. The period of vocation should be intimated and if there is difficulty in seeing and conversation with the child, either of the parties can approach the Family Court. It is also submitted that the respondent be allowed to contact the child over phone. The petitioner also undertakes that she will give phone number and other details to the respondent/father so that, he can contact the child occasionally through phone. G.O.P.No.479/2008 on the file of the Family Court, Ernakulam is thus disposed of. Both the writ petitions are disposed of as above. J.B. KOSHY, JUDGE. THOMAS P. JOSEPH, JUDGE. cl cl WPC.NOS.25802&26382/08 . 3