(1.) This appeal is filed at the instance of the mother and maternal grandmother of a minor girl child born on 17/9/2014 in the wedlock between the first appellant with the respondent. The respondent-father moved the Family Court, Muvattupuzha for permanent custody of the minor child. The above case was tried along with the petition filed by the first appellant for return of gold, money and past maintenance. The petition filed by the first appellant has been dismissed. The petition filed by the respondent for custody was allowed granting him permanent custody subject to visitorial rights of the first appellant between 10 am and 5 pm on every first and third Saturdays of every month.
(2.) On 24/6/2013, the marriage between the first appellant and the respondent was solemnized. On 17/9/2014, the child was born. On 5/5/2014, the respondent went to Kuwait for a job. It was alleged that on 26/5/2015, the first appellant and the child were forcefully taken to the house of the parents of the first appellant. It was further alleged that the mother and brother of the first appellant were involved in forcefully taking the first appellant and the child. The child suffers from a disease viz. Global Developmental Delay Seizure Disorder (Dysmorphism and Hypotonia). The parties appear to be in loggerheads from the year 2015 onwards. The first appellant filed a petition for return of gold ornaments, money etc. on 5/7/2017. On 24/11/2017, the respondent filed the present petition for permanent custody.
(3.) PW1 to PW8 were examined on the side of the respondent. On the side of the appellants, the first appellant was examined as RW1. The Family Court, noting that the appellants are leading immoral life, gave custody of the child to the respondent-father. According to the Family Court, keeping custody of the child with the mother-who leads an immoral life would adversely affect the welfare and future of the child.