IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 Mat.Appeal.No. 412 of 2008() ---------------------------- OP.655/2007 of FAMILY COURT, KOTTAYAM .................... PETITIONER: ------------------ JISHA VARGHESE, D/O.VARGHESE,KOOVACKADU HOUSE, UMBIDY P.O.,MATHONI BHAGOM,KURUMBANADOM KARA,MADAPPALLY VILLAGE,CHANGANACHERRY TALUK, KOTTAYAM DISTRICT-NOW WORKING AS STAFF NURSE IN WILLOW BROOK NURSING HOME,BOROHARD, NEW BRIDGE, CO-KILDARE,IRELAND.REP.BY P/A -THOMAS VARGHESE. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENTS: PETITIONER: --------------------- GEORGEKUTTY, S/O.JOSEPH, THUPPALANJIYIL HOUSE, KARIMBANI P.O., MATTAKKARA KARA, AKALAKUNNAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. BY ADV. SMT.TISSY ROSE K CHERIYAN SRI.K.M.FIROZ SRI.JACOB E SIMON THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- MAT APPEAL NO.412 OF 2008 -------------------------------- Dated this the 22nd day of September, 2008 JUDGMENT Raman,J. Appellant is the respondent in O.P.(G&W) No.655/07 on the file of the Family Court, Ettumanoor. That O.P. was filed for custody of the child under Section 10 of the Guardian and Wards Act. He had also filed a petition as O.P.No.654/2007 for restitution of conjugal rights. After taking evidence, both the matters were disposed of by a common judgment. The petition for restitution of conjugal right was dismissed against which no appeal was filed. O.P.(G&W)No.655/2007 was disposed of giving the custody of the child to the father, the respondent herein obviously for the reason that the mother was in Ireland and what could be done in the welfare of the child by the Family Court is to give the custody of the child to the father. The child was studying in the Carmel English Medium School. After the present order is passed, it is -2- MAT APPEAL.No.412/08 submitted that the child is now studying in STPT School, Punalur and the child is taken care of by the father along with the father's sister, who is a teacher in the said school. The mother aggrieved by the order passed has come up in appeal. In the order passed by the Family Court, it is specifically observed that if the wife comes and seeks custody of the child showing any changed circumstances, her claim can be considered at that time. Now the appellant has come from Ireland. She pleads some circumstantial changes and if so she may move the Family Court in accordance with the right as reserved in her favour by the judgment impugned in this appeal, in which event the Family Court will consider the plea and see whether there is any changed circumstances and pass appropriate orders in accordance with law, after giving an opportunity to both sides. 2. In the circumstances, we do not think it is necessary to interfere with the judgment of the Family Court rather the appellant can work out her remedy in accordance with the right reserved in -3- MAT APPEAL.No.412/08 her favour as per the impugned judgment. 3. In the result, the appeal is dismissed subject to the right to move the Family Court for necessary modification of the order, in case there are any changed circumstances to be brought to the notice of the Family Court by filing appropriate application in that behalf. If any such application is filed within one week from today, after hearing both sides and after considering the evidence in the matter, the Family Court will pass final orders in the said application, as expeditiously as possible, at any rate within two months. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.