SALINI Vs. UMASANKARAN

JUDGEMENT

(1.) O.P(FC) No.148 of 2016 is filed by Smt.Salini, the petitioner in O.P.No.573/2015, who is the mother of a child, namely Adithya Shankar, challenging the order of the Family Court, Kozhikode dated 29.10.2015 in I.A.No.1249/2015 in O.P.No.573/2015. O.P(FC) No.194 of 2016 is filed by Sri.Umasankar, the petitioner in O.P.No.706/2015 on the files of the Family Court, Thrissur, who is the father of the child, challenging the order of the Family Court,Kozhikode dated 16.10.2015 in O.P.No.573/2015.

(2.) The Registry has received a communication from the Presiding Officer of Family Court, Kozhikode informing that as per its order dated 29.10.2015 in I.A.No.1249/2015, further proceedings in O.P.No.573/2015 was stayed under Section 14(1) of the Guardians and Wards Act, 1890 (for short 'the Act'), on the reason of parallel proceedings pending before the Family Court, Thrissur as O.P.No.706/2015. The matter was reported under Section 14(2) of the Act to determine the Court having the authority to decide on the issue of custody of the child. When the matter was placed before the Judges in charge of the respective Judicial Districts, it was decided to place the matter on the Judicial side as suo motu Matrimonial Reference, and the same was approved by the Honourable the Chief Justice. Subsequently, the Presiding Officer of the Family Court, Thrissur had also reported the same matter to this Court for necessary direction as per Section 14(2) of the Act. Therefore, the matter has come up before us as Matrimonial Reference.

(3.) The permanent custody of a minor child namely Adithya Shanker, aged 3 1/2 years was sought by Sri.Umasankar and Smt.Salini, his father and mother respectively in the Family Court, Thrissur and Kozhikode in two separate proceedings initiated as O.P.Nos.706/2015 and 573/2015. Admittedly, the minor child Adithya Shankar was born to them out of their marriage solemnised on 9.1.2010 at Karthika Kalyanamandapam at Mukkom, Kozhikode.