HIROSH JOSEPH Vs. TINA KALAYIL AND OTHERS

JUDGEMENT

(1.) This appeal is filed by the petitioner in OP (GandW) No. 881 of 2015 of the Family Court, Kottayam at Ettumanoor challenging judgment dated 18.2.2017 along with an order in IA No. 1540 of 2016 in the same Original Petition.

(2.) The short facts which arise in the appeal are as under:-The appellant married the 1st respondent on 22.7.2007 and they had a minor child Jake Joseph Hirosh, born on 26.9.2012. The couple separated in January, 2014 and their marriage was dissolved on 31.1.2015 as per orders passed in OP No. 1454 of 2014. At the time of divorce by mutual consent, there was an understanding that the minor child, who was only aged 2 years, shall remain with the first respondent.

(3.) The O.P. was filed by the appellant inter-alia contending that the 1st respondent did not take any steps to care and attend the minor child and the child was not getting her personal attention. According to him, she was planning to leave India on 28.8.2015 for doing her MBA course, leaving the child with additional respondents 2 and 3, who are none other than her parents. He contended that the 2nd respondent is a drunkard and a smoker and if the child is left in their custody, it would affect the child's personality and mental condition. He is a Computer Engineer working at Bangalore and he is having sufficient income to take care of the welfare of the child. He is having his own apartment at Bangalore and his parents are residing with him. He could arrange all facilities for getting admission to a nearby school and can give the best education that is possible. He contended that the first respondent was leaving to Germany in a student visa and her departure would leave the child unattended, which would adversely affect the welfare and well being of the child.