ASWATHY UDAYAN Vs. PRINCE ANAND

JUDGEMENT

(1.) The petitioner herein is the wife of the first respondent. The first respondent filed O.P.1/2019 before the family court, Mavelikkara, seeking permanent custody of the child. In the aforesaid original petition, the petitioner herein filed IA 631/2019, seeking interim custody of the child.

(2.) According to the averments in this original petition, both the petitioner and the first respondent are working in Australia and now the petitioner is in India, on leave. The marital relationship between the petitioner and the first respondent has become strained and culminated in legal battle, claiming custody of the child. When their relationship became strained, they jointly entrusted the custody of the child with respondents 3 and 4 and now the child is in the custody of respondents 3 and 4, who are the relatives of the petitioner herein.

(3.) According to the petitioner, now she has come to India to live along with her child, by name Dhatri Prince Anand, aged 4 years and 9 months. The first respondent resisted the said application, seeking interim custody of the child, apprehending that the petitioner may take the child to Australia, without his consent.