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2023-Oct-17
The Kerala High Court in the present Child Custody matter adjudicated in favour of the mother where the Appellant mother had filed a case for divorce and also a case for patrimony and maintenance and that the case for patrimony was compromised and the custody of child was handed over to the Appellant subject to the condition that the Appellant mother was entitled to the custody of the child till the child attains the age of 6 years.
The Appellant further filed a petition for guardianship and permission to take the child to New Zealand which was resisted by the Respondent father as it violated the terms of the compromise. Before the Family Court the petition was tried and the family court dismissed the Petition and ordered for restoration of the child to the parents of the Respondent if the Appellant mother was moving to New Zealand.
In appeal the Kerala High Court held that there was nothing on record to deprive the Appellant mother of permanent custody and to appoint her as the legal guardian of the child to take the child abroad.
Case Number: MAT.APPEAL NO.757 OF 2022
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