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Marriage can be dissolved based on the mutual consent of the parties and mother is appointed as a natural guardian and permanent custodian of the children : High Court of Kerala

Marriage can be dissolved based on the mutual consent of the parties. In regard to the custody of the children, the petitioner-mother is appointed as a natural guardian and permanent custodian of the children namely, Dakshina and Dekshith. It is agreed by both parties that the children will be taken to Kuwait by the petitioner-mother, the natural guardian and permanent custodian was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE in the case of DIVYA RAJAN vs BINEESH P.B. (0P /FCI NO. 492 0F: 2021) on 17th March, 2022.

Brief facts of the case are that The petitioner-mother and the 1st respondent-father are nor residents of India and currently employed in Kuwait. The marital disputes between them are pending before the family Court, chavara and the Famiily Court, Ernakulan. The parties resolved their dispute and filed a joint petition for divorce invoking Section 1 3 8 of the Hinds Marriage Act, 1955. The parties also have entered into an agreement regarding custody of the children born in their wedlock There are disputes regarding the maintenance. In regard to the quantum of maintenance payable to the children by the 1st respondent-father, the parties have agreed for resolution of the disputes.

They are firm in their decision to dissolve their marriage. And the statutory cooling off period can be waived ` since the parties are living separately for the last more than several years and the petitioner-wife filed the divorce petition in the year 2019.

Court is of the view that the marriage can be dissolved based on the mutual consent of the parties. In regard to the custody of the children, the petitioner-mother is appointed as a natural guardian and permanent custodian of the children namely, Dakshina and Dekshith. It is agreed before this Court by both parties that the children will be taken to kuwait by the petitioner-mother, the natural guardian and permanent custodian. The 1st respondent-father will have the custody of the children on every Friday between 10 am and 5 pm.

If the children are taken to Kuwait, the respondent-father shall pay a sum of Rs.5000/-(Rupees Fife Thousand only) each to the children as maintenance. However, if the children remains in India, the lot respondent-father is bound to take care of the children.

Click here to read the Judgment

Judgment reviewed by – Amit Singh

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