their mother, allowed the prayers in the writ petition, keeping in mind the welfare of the children. It is true that in matters relating to custody of children, it is the welfare of the children that is paramount. However, the same cannot be decided in a proceeding under Article 226 as several disputed facts are involved. In this case, the first petitioner alleges domestic violence and marital discord, which according to her affected the well-being of the children and hence the reason why she decided to live separately and away from her husband, the fourth respondent. The fourth respondent on the other hand deny the allegation of domestic violence and contends that the first petitioner has serious health issues; that after her thyroid operation, she is not normal ; that she has no source of income ; that she is now living at the mercy of her male friend, who according to the fourth respondent, is a man of doubtful character ; that continued residence of the children in the company of such a person in all likelihood would affect the well-being of the children and so it is absolutely necessary that the children be taken out of his influence and brought back to Ernakulam. It is also submitted that the children were studying in Global Public School, Ernakulam, where fees for the next
