ALDRIN T.F. Vs. K.K.JOSEPH

JUDGEMENT

(1.) The petitioner in O.P.No.1189 of 2016 on the file of the Family Court, Ernakulam is the appellant. He is aggrieved by the judgment of the Family Court dtd. 30/10/2021, by which his prayer for appointing him as the guardian and to give them custody of the children was declined. He challenges correctness and legality of the said judgment in this appeal filed under Sec. 19(1) of the Family Courts Act, 1984.

(2.) On 2/8/2022, this appeal was admitted. The respondents entered appearance through their learned counsel. The petitioner has filed I.A.No.3 of 2022 seeking interim custody of the children, named Edwin Aldrin, aged 17 years and Ann Mary Aldrin, aged 16 years, during the ensuing Christmas holidays from 24/12/2022 till 31/12/2022. On 22/12/2022, both parties were directed to be present along with the minor children before this Court. In terms of that order, the petitioner and the 3rd respondent along with the children appeared before this Court. We have interacted with the children and also the appellant. The appellant was allowed to be in the company of the children for half an hour. After such interaction, we talked to them and ascertained their desire.

(3.) Heard the learned counsel appearing for the petitioner and also the learned counsel appearing for the respondents.