JUDGMENT :

A. Muhamed Mustaque, J.

This original petition is filed at the instance of the mother challenging an order passed by the Family Court, Alappuzha allowing the custody of the minor child, namely, Muhammad Ajwad Fassi, a three and half years old boy, to the father. The elder child, who is totally blind is already with the father.

2. The strained relationship apparently forced the mother to leave the matrimonial home (according to her version). The husband's version is that she eloped with another person.

3. Placing reliance on the FIR and the sworn statement given by the mother before the Magistrate, the Family Court arrived at a conclusion that she had eloped with another person for pleasure and that the wayward life chosen by her would prejudice the welfare of the children.

4. We had an opportunity to interact with both parties. According to her, due to domestic violence, she was forced to leave the matrimonial home. Her father stated before us that it is to get rid of the marriage she went with a friend of her brother to make it appear as if she had eloped with someone. We are not believing either of the stories put forward before us now. What has disturbed us is the language