REEJA JOHN Vs. BENNY K.

JUDGEMENT

(1.) THE petitioner challenges the order passed by the Family Court dismissing I.A.No.411/2013 filed by her in O.P (G&W) No.188/2013. The said I.A. was filed under Section 12 of the Guardian and Wards Act and the prayer was to allow interim custody of the child 'Aneeta' born in the petitioner's wedlock with the 1st respondent.

(2.) ACCORDING to the petitioner, the 1st respondent kidnapped the child from her custody on 26.2.2011 and kept her in his house. It is also alleged that, thereafter, they removed and accommodated the child to the Christina Home of Orphanage, Thrissur. It is stated that despite various efforts made by mediators, the child was not returned to her. It is alleged that the child is not looked after either by respondents 1 and 2 or by the 3rd respondent and that therefore in the welfare of the child, it is necessary that she should be given custody of the child.

(3.) THE respective cases pleaded by both sides were considered by the Family Court and the Family Court held that it is not in the welfare of the child to be in the custody of the petitioner. Accordingly, the Family Court dismissed the application and it is this order, which is under challenge.