JEPHIN.E.EAPEN Vs. NITHA ANU ABRAHAM

JUDGEMENT

(1.) The appellant Sri.Jephin K Eapen is the father and the respondent Smt.Nitha Anu Abraham is the mother of the minor child Jeev Jephin. The appellant filed these appeals against the judgment and decree in O.P No.566 of 2017 and O.P No.826 of 2017 on the file of Family Court, Kottayam at Ettumanoor. He filed O.P No.826 of 2017 and the respondent filed O.P No.566 of 2017, both for getting permanent custody of the minor child. The Family Court allowed O.P No.566 of 2017 declaring the respondent-wife as the guardian of the minor child. She was given permanent custody of the child, with permission to take the child abroad with her, reserving visitation rights for the appellant-father. O.P No.826 of 2017 filed by the appellant-husband was dismissed. Assailing the impugned judgment and decree in O.P No.566 of 2017, he has preferred Mat.Appeal No.129 of 2020, and against the judgment and decree in O.P No.826 of 2017, he has preferred Mat.Appeal No.292 of 2020.

(2.) The marriage between the appellant and respondent was solemnised on 27/8/2012 as per Christian rites and ceremonies. The minor Jeev Jephin was born in their wedlock on 17/5/2015. Due to marital discord, they got separated and the minor child was with the respondent-mother. Later, as per the judgment in O.P No.564 of 2017, their marriage was dissolved. Now, the respondent-wife is working in Germany, and since the appellant-husband filed Mat.Appeal and obtained stay order against operation of the judgment and decree in O.P No. 566 of 2017, the respondent-mother could not take the child to Germany, and now the child is residing with its maternal grandparents.

(3.) The appellant is assailing the impugned judgments on three grounds;