Abdul Khader vs Rasheena

Amit Rawal, J

The present OP(FC) is directed against the order dated 17.2.2023 of Family Court, Palakkad.

The facts in brief are that both husband and wife got married on 24.6.2018 and one minor child namely Althaf was born out of the wedlock. Owing to the differences between them, they have been separately living for the five (5) years. Wife is working as Railway employee at Coimbatore whereas the husband is running a leather chappal shop. OP No.204 of 2022 has been filed by the petitioner for taking the permanent custody under Section 12 of the Guardian and Wards Act. However during the pendency of the aforementioned petition, an interim application for interim custody of the child was moved and on contest, the learned Family Court vide order dated 30.8.2022 passed the following order:

The petitioner is allowed to have the interaction with the minor child on all 1" and 3rd Saturdays from 10.30 am to 11.30 p.m till the disposal of the main petition;

The respondent is hereby directed to produce the child before the C.M.O of this court on all 1st and 3rd Saturdays at 10.30 a.m and shall 1 hand over the custody of the child to the G petitioner upto 11.30 am.

The petitioner shall handover the custody of the minor child at 11.30 am to the respondent in the presence of the C.M.Ο;

The petitioner shall not cause any annoyance or inconvenience to the child remaining in his custody either by himself or by any of his family members;

The petitioner shall pay Rs.750/- to the respondent towards the travelling expense on all the interaction days;

The prayer of the petitioner for granting temporary custody as prayed for is disallowed.

It is pertinent to mention here at the relevant point of time, the child was not going to the school. However owing to the occurrence of the subsequent event, an application bearing No.3 of 2023 was submitted by the wife for seeking modification of the order reflecting the inability for interaction of the father with the child on 1st and 3rd Saturday as she has been working in Railway and her leave day is Monday. Keeping in view that fact, the learned Family Court vide order dated 17.2.2023 modified the earlier order dated 30.8.2022 and passed the following order:

Interaction days reduced into once in a month.

The petitioner is allowed to have the interaction with the minor child en all 3rd Mondays every month from 2 p.m to 4 p.m.

The respondent is hereby directed to produce the child before the C.M.O of this court on all 3 Mondays every month and shall hand over the custody of the child to the petitioner upto 4 p.m;

The petitioner shall handover the custody of the minor child at 4 p.m to the respondent in the presence of the C.M.O;

No other modification is made in the earlier Order.

It is the said order which is under challenge. This Court after having issued notice called the parties to appear. Both the husband and wife appeared before us along with the child. We had interacted and conversed with them through their language with the assistance of one of us and as per the consensus arrived at between the parties, keeping in view the fact that the child has now started going to school, it would not be possible for the wife to give the day custody of the child on 3rd Mondays of every month from 2 pm to 4 pm as per the order under challenge. Accordingly, we set aside the order dated 17.2.2023 and also modify the order dated 30.8.2022 in the following manner:

The custody of the child to be given to the father on 2nd Saturday of every month till the next following Sunday.

The father will take the custody of the child from the house of the wife at Coimbatore or at a convenient place to be communicated by the wife for handing over of the child and deliver back the child on the next following Sunday before sunset at Coimbatore.

It is made clear that if any of the conditions are violated, parties are at liberty to move an appropriate application for taking appropriate orders.

OP(CAT) stands disposed of.