NISHA AND OTHER Vs. PHILOMINA

JUDGEMENT

(1.) The respondents in OP(G)No.542/2013 on the file of the Family Court, Irinjalakuda are the appellants herein. The petition was filed by the respondent herein, who is the aunt, for permanent custody of the minor child.

(2.) It is alleged in the petition that the petitioner in the Court below is a believer in Christianity and an unmarried lady. She is the sister of the first respondent's husband, deceased Johny. The second respondent is the present husband of the first respondent. A child was born to the first respondent in the wedlock of Johny. The 1st respondent is not permitting the child to interact with the petitioner and after remarriage, she is not looking after the child. That prompted the petitioner in the Court below, who is the respondent herein to file an application for permanent custody of the child. The 1st respondent entered appearance and filed counter denying the allegations and also contended that the mother being the natural guardian after the death of the father, entitled to permanent custody of the child and the second marriage itself was conducted with the consent of all the relatives of her deceased husband. The second respondent is working in a bank and getting good income and he is looking after the welfare of the child as well. So they prayed for dismissal of the application.

(3.) The petitioner in the Court below was examined as Pw1 and the priest was examined as Pw2 and Exts.A1 to A6 were marked on their side. The first respondent in the Court below was examined as RW1. One of the brother of PW1 was examined as RW2 and Exts.B1 to B9 were marked on their side. After considering the evidence on record, the Court below allowed the application in part holding that the petitioner in the Court below is not entitled to get permanent custody of the child, but allowed the application in part as follows: