JUDGMENT :

[P.G. Ajithkumar, J.]

1. This is an appeal filed invoking Section 19(1) of the Family Courts Act, 1984, Section 49 of the Guardian and Wards Act, 1890 and Order XLI Rule 1 of the Code of Civil Procedure, 1908.

2. The petitioner in O.P.(G&W) No. 379 of 2019 before the Family Court, Kottayam at Ettumanoor is the appellant. After condoning the delay of 36 days in filing the appeal, this appeal was admitted on 28.10.2022.

3. Heard the learned counsel for the appellant and also the learned counsel appearing for the respondents.

4. As directed by this Court on 15.11.2022, both parties along with the child appeared in Court in person on 29.11.2022. We interacted with the child as well as the parents.

5. The appellant filed O.P.(G&W) No. 379 of 2019 seeking custody of the minor child Jake Joseph Hirosh, aged 10 years. Marriage between the appellant and the respondent was dissolved on 31.01.2015 as per the decree in O.P.No.1454 of 2014 of the Family Court, Ernakulam. The parties agreed that the child would be in the custody of the respondent and an amount of Rs.8 lakhs was paid to the respondent towards the maintenance of the child which had to be kept in a fixed deposit. Later, t