JISHA MOHAN Vs. VISHAL V.M

JUDGEMENT

(1.) This appeal arises from the judgment of the Family Court, Pathanamthitta, in a custody matter. The mother is the appellant and the respondent is the father. In the wedlock, a child was born on 10/2/2018. The respondent is employed in Bahrain. The appellant also joined the respondent in Bahrain. However, the appellant later returned to her home town in Kerala during the eighth month of pregnancy. The appellant filed a case for divorce and also a case for patrimony and maintenance. The case related to patrimony was compromised on 6/11/2021 and the decree was passed based on the compromise. As per the compromise, the minor child, namely, Ishan V. was given custody to the appellant/mother with a stipulation allowing the respondent/father to have visitorial rights during the vacation. However, it was further stipulated that the child custody to the mother was only till the child reaches the age of 6 years. The respondent/father was also allowed to have contact rights with his child. The appellant moved to New Zealand and now obtained residential status. Her brother and family are also settled in New Zealand. The present petition for declaration of guardianship and to take the child along with her to New Zealand is due to a change in circumstances. The child is with the parents of the appellant/mother. The respondent/father resisted the petition. According to him, the present petition is filed to violate the compromise decree entered between the parties and therefore the child cannot be taken to New Zealand.

(2.) The parties adduced evidence before the Family Court. Exts.A1 to A10 were marked on the appellant's side. The appellant was also examined as PW1. Though the respondent/father was not examined, his power of attorney holder and other witnesses were examined on his side. Exts.B1 to B10 were also marked on his side.

(3.) The Family Court dismissed the petition and ordered to handover the minor child to the parents and sister of the respondent if the appellant is leaving for New Zealand.