ANIL DAMODAR SHIRODKAR Vs. GILGIT THOMAS

JUDGEMENT

(1.) This original petition has been filed challenging Ext.P5 order dtd. 27/2/2026 in IA No. 1 of 2026 in OP No. 121 of 2026 of the Family Court, Pala, by which the interim custody of a 6-year-old minor boy child, Aaron Gilgit, has been declined.

(2.) The petitioners are the maternal grandfather and the maternal aunt (mother's sister) of the minor child, respectively. The first respondent is the father of the minor child and respondents 2 and 3 are the paternal grandparents.

(3.) The second petitioner/maternal aunt is a citizen of Portugal and is working in the United Kingdom. The minor child is also a citizen of Portugal. The mother of the minor child, who was the daughter as well as sister of the petitioners respectively, was married to the first respondent/father in 2017 in Kerala; and in their wedlock, the minor child was born on 21/5/2019. It is alleged that even prior to the birth of the child, the marital relationship between the parents was strained and there was severe marital discord. The minor child was studying at Rushey Mead Primary School in Leicester, United Kingdom, in 2023, and continued his studies there until July 2025. On 21/8/2023, his mother passed away in a domestic accident at her home. Even thereafter, the minor child was studying in the same school till July, 2025. Thereafter, the first respondent took the child from the United Kingdom and entrusted the child to the paternal grandparents, respondents 2 and 3 herein. It is alleged that the minor child was not sent to the school after July 2025; and though the petitioners had requested to bring back the child to the United Kingdom, the third respondent/father did not care to do so; but, leaving the child in Kerala, he is living in Leicester, United Kingdom. On enquiry, the petitioners came to know that the child is not being sent to school, confined indoors and not able to communicate with others since the child can speak only english. This being the situation, the petitioners filed OP No. 121 of 2026 on the files of the Family Court, Pala, for custody of the minor child. Thereafter, IA No. 1 of 2026 was also filed before the Family Court, Pala, seeking interim custody of the minor child. However, notice was served only on respondents 2 and 3, and not on the first respondent. The Family Court, as per Ext.P5 order dtd. 27/2/2026, dismissed IA No. 1 of 2026, declining interim custody of the minor child. Aggrieved by this, the petitioners have come up before this Court.