AKHILA JULY ANTONY Vs. JEBIN JOHNY

JUDGEMENT

(1.) Respondents filed O.P.(G&W) No.1103 of 2022 before the Family Court, Muvattupuza seeking to declare them the legal guardian of the child Anton John Jebin, aged 2 1/2 years, allow them permanent custody of the child and permanent injunction restraining the petitioners from forcibly taking away the child from their custody. The respondents filed I.A.No.2 of 2022 in that O.P seeking a temporary injunction in the same terms. In I.A No.2 of 2022, the Family Court passed an exparte order of injunction on 7/11/2022 restraining the petitioners from forcibly taking the child, Anton John Jebin, from the custody of the respondents until further orders, a copy of which is Ext.P4. The petitioners have filed an objection to I.A. No.2 of 2022, a copy of which is Ext.P3. They also filed I.A.No.5 of 2023 seeking to issue a direction to the respondents to give interim custody of the child to the petitioners. The petitioners have filed this Original Petition under Article 227 of the Constitution of India seeking to set aside Ext.P4 order and issue an order directing the Family Court, Muvattupuzha to grant interim custody of the child to the 1st petitioner till the disposal of O.P.No.1103 of 2022.

(2.) When this Original Petition was moved on 10/2/2023, this Court ordered notice on admission to be served on the respondents by special messenger. The respondents 1 to 3 entered appearance through their learned counsel.

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