2025:KER:18299WP(C) NO. 4509 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946 WP(C) NO. 4509 OF 2025PETITIONERS: 1 AMMU AJIT AGED 43 YEARS W/O SANTHOSH R.V, VRINDAVAN, DIWANS ROAD, NEAR TDM HALL, KOCHI, MG ROAD, ERNAKULAM, KERALA, NOW RESIDING AT FLAT NO. 5054, PRESTIGE NEPTUNE'S COURTYARD, MARINE DRIVE, KOCHI, PIN - 682018 2 SANTHOSH RV AGED 44 YEARS RESIDING AT FLAT NO. 5054, PRESTIGE NEPTUNE'S COURTYARD, MARINE DRIVE, KOCHI, PIN - 682018 BY ADVS. A.PARVATHI MENON P.SANJAY P.K.MURALYKRISHNAN BIJU MEENATTOOR PAUL VARGHESE (PALLATH) KIRAN NARAYANAN RAHUL RAJ P. MUHAMMED BILAL.V.A MEERA R. MENONRESPONDENTS: 1 CENTRAL ADOPTION RESOURCE AGENCY REPRESENTED BY IT'S MEMBER SECRETARY & CEO, MINISTRY OF WOMEN & CHILD DEVELOPMENT, WEST BLOCK 8 WING 2 1ST FLOOR, R.K PURAM, NEW DELHI, PIN - 110066 2025:KER:18299WP(C) NO. 4509 OF 2025 2 2 STATE ADOPTION RESOURCE AGENCY REPRESENTED BY IT'S MEMBER SECRETARY, DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT, POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012 3 CHILD WELFARE COMMITTEE ERNAKULAM, RERESENTED BY IT'S CHAIRMAN, 287R+MGC BORSTAL SCHOOL, SEAPORT - AIRPORT RD, ECHAMUKU, KUNNUMPURAM, PADAMUGHAL, VAZHAKKALA, KAKKANAD, KOCHI, KERALA, PIN - 682037 4 DISTRICT CHILD PROTECTION UNIT ERNAKULAM, REPRESENTED BY CHILD PROTECTION OFFICER, CIVIL STATION, THRIKKAKARA, KAKKANAD, KOCHI, KERALA, PIN - 682030 5 PREM CHANDER S/O SUNDARAMOORTHY, SAKTHI VEEDU, KIZHAKKETHARA, KUNNISERY POST, ERUMAYUR, PALAKKAD, NOW RESIDING AT 1 C, SURYA APARTMENT, FLORICAN HILL ROAD, MALAPARAMBA, KOZHIKODE, PIN - 673009 BY ADVS. RAJESH SIVARAMANKUTTY K.V.ANTONY(K/522/2015) VIJINA K.(K/229/2016) ISAAC GEORGE(K/000586/2017) ARUL MURALIDHARAN(K/000853/2018) GOVERNMENT PLEADER SMT. VIDYA KURIAKOSE DSGI SRI.T.C.KRISHNA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 28.02.2025 THE COURT ON 05.03.2025 DELIVERED THEFOLLOWING: 2025:KER:18299WP(C) NO. 4509 OF 2025 3 "C.R" C.S.DIAS,J. ==================== W.P.(C)No.4509 of 2025 ------------------------------ - Dated this the 5th day of March, 2025 JUDGMENT
1. The petitioners' case, in brief, is as follows:
(i) The first petitioner was married to the fifth respondent and a son was born in their wedlock on 13.3.2007. Their relationship got strained, which led to litigations.
Eventually, by Ext.P1 judgment passed by this Court, the marriage between the petitioner and the fifth respondent was dissolved on mutual consent, and all the cases between them were dismissed. As per the terms of the compromise, the permanent custody of the child was given to the first 2025:KER:18299 WP(C) NO. 4509 OF 2025 petitioner, and interim custody of the child was given to the fifth respondent.
(ii) Later, disputes again arose between the parties regarding the child's custody, which was settled by Ext.P6 judgment passed by the Hon'ble Supreme Court.