AMBILI Vs. ANOOP KUMAR

JUDGEMENT

(1.) This appeal is filed by the respondent in IA No.1617/2012 in OP No.104/2011 challenging order dated 4/10/2013 by which custody of the minor child had been given to respondent/father.

(2.) The short facts involved in the appeal would disclose that the parties in the appeal got married on 10/4/2005 and a girl child Devananda was born to them on 18/10/2006. The couple separated on 25/2/2009. The appellant had also filed a complaint under Section 498A against the respondent alleging illtreatment and cruelty. The case has been chargesheeted and is pending as CC No.731/2010 before the Judicial First Class Magistrate Court, Kozhikode. The respondent/husband filed OP No.372/2009 before the Family Court for restitution of conjugal rights and the appellant/wife filed MC No.85/2010 for maintenance and OP No.261/10 for return of money and gold ornaments. While those cases were pending, the parties entered into an agreement dated 29/10/2010 agreeing to file a joint petition for divorce by mutual consent and resolving the issues with reference to the pending cases. The child was given custody to the respondent/father. Thereafter, a joint petition was filed for divorce on 28/10/2010 which was allowed on 21/7/2011.

(3.) While the joint petition for divorce was pending, there arose some issues by which the parties quarrelled for the custody of the child and the appellant has a contention that she was mercilessly beaten up. A complaint was filed as CC No.59/11 before the Judicial First Class Magistrate Court, Calicut against the respondent under Section 294(b) and 323 of the Indian Penal Code. It is submitted that child thereafter remained with the appellant.