HIGH COURT OF KERALA
C.K. ABDUL REHIM, SHAJI P.CHALY, JJ
RAJAN M P – Appellant
Versus
ANITHA Advocate - RAJESH SIVARAMANKUTTY, ,RAJESH SIVARAMANKUTTY,RASHMI PATHIYIL,K VIJINA – Respondent
JUDGMENT
C.K. Abdul Rehim, J.
The above matrimonial appeal is instituted at the instance of the petitioner in O.P.No.419/2014 on the files of the Family Court, Ottappalam. The 1st respondent herein is the respondent before the Family Court and the 2nd respondent is the minor child with respect to whom the original petition was instituted.
2. The appellant and the 1st respondent are the husband and wife who are living separated due to severe matrimonial discord. The 2nd respondent minor child who was born out of their wedlock is now aged 5 years and 10 months. The appellant approached the court below seeking permanent custody of the minor child which was resisted by the 1st respondent. Trial was proceeded M.A. No.249 of 2016 2 before the court below and the appellant gave evidence as PW1. Ext.A1 to A7(a) documents were marked on behalf of him. The 1st respondent was examined as RW1 and Exts.B1 to B3(c) documents were marked on her behalf. The court below, after evaluating evidence on record, found that the appellant is not entitled to have custody of the minor child and hence dismissed the original petition. It is aggrieved by the said judgment, the above appeal is filed.
3. Heard; coun
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