2025:KER:27531 WP(C) NO. 13272 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 13272 OF 2025 PETITIONER: GINU MARIA GEORGE AGED 37 YEARS , D/O.GEORGE T.V THANTHALAKKATHU HOUSE, KOOVAPPADY (PO) IMURY KARA, KOOVAPPADY VILLAGE, KUNNATHUNAD TALUK, ERNAKULAM,, PIN - 683544 BY ADV JOSEPH M.P. RESPONDENT: ELDHO VARGHESE AGED 39 YEARS S/O.E.C. VARGHESE, EARALIL HOUSE, MULANTHURUTHY (PO) INJIMALA KARA, MULANTHURUTHY VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT, PIN - 682314 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27531 WP(C) NO. 13272 OF 2025 2 Dated this the 1st day of April, 2025 JUDGMENT The writ petition is filed to permit the petitioner to take her minor child along with her abroad for the child's education and well-being. 2. The respondent is the divorced husband of the petitioner. They have a daughter born in the wedlock. Their marriage was dissolved as per Ext.P1 judgment based on the conditions in Ext.P2 Mediation Settlement Agreement. The petitioner is presently employed in UAE. She desires to take her daughter along with her. The respondent is also working abroad. The respondent is permitted to interact with the child on every second Saturday through Whatsapp. There is no one to look after the child. In the said circumstances, the petitioner desires to take her daughter abroad. Hence, this Court may permit the petitioner to take the child abroad. Hence, the writ petition. 2025:KER:27531 WP(C) NO. 13272 OF 2025 3 3. Heard; the learned counsel for the petitioner. 4. The petitioner and respondent's marriage was dissolved on mutual consent as per Ext.P1 judgment by the Family Court, Muvattupuzha, based on Ext.P2 Memorandum of Settlement Agreement. 5. The petitioner's case is that, as there is no one to look after the child, this Court may permit the petitioner to take her child abroad. 6. On going through the pleading and materials on record, I do not find that the respondent is discharging any public duty or is an authority falling within the purview of Article 12 of the Constitution of India for this Court to exercise its extra ordinary jurisdiction. Instead, the dispute falls within the private law remedy pertaining to the custody of the child. Therefore, I do not find any reason to entertain this writ petition by exercising the extraordinary jurisdiction of this Court. 2025:KER:27531 WP(C) NO. 13272 OF 2025 4 In the aforesaid circumstances, the writ petition is dismissed, reserving the right of the petitioner to work out her remedies, in accordance with law, before the Court of competent jurisdiction. Sd/- rmm1/4/2025 C.S.DIAS, JUDGE 2025:KER:27531 WP(C) NO. 13272 OF 2025 5 APPENDIX OF WP(C) 13272/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 06.03.2020 IN O.P.NO.629 OF 2010 ON THE FILE OF THE FAMILY COURT, MUVATTUPUZHA Exhibit P2 TRUE COPY OF THE MEDIATION SETTLEMENT IN M C 104/2018 IN THE FAMILY COURT MUVATTUPUZHA