Anima Shaukat Ali vs Sagar Kareem

A. Muhamed Mustaque, J

This appeal arises from an order of Family Court, Ernakulam dismissing the application for modification of a compromise decree for custody passed

between the parties. As per the compromise decree, father retained the custody subject to interim custody of the child for 50 days with the mother out

of 60 days of summer holidays in the schools at Dubai during the period of July and August every year. Mother is also entitled for custody of the child

for 15 days out of the 23 days during the winter vacation. The father is working in Dubai as a Pilot. The child and father are in Dubai and the child is

studying in Gem School, Dubai. Admittedly, the conditions in the compromise decree are in force. The appellant moved the Family Court for

modification of the compromise decree on the basis of order of this Court (Annexure-A9), to obtain the permanent custody of the child. That has been

declined by the Family Court. In the impugned order itself, the parties were directed to comply with the terms of the compromise decree.

Pending this appeal, the appellant sought interim custody of the child as per the compromise decree. Accordingly, we scheduled the matter today to

have interaction with the parties. We interacted with the father and mother. Mother is present in person. Father and child came online. We have also

a private discussion with the child. The child expressed his willingness to be with his mother. He has affection towards his mother. As per the

compromise decree, the mother is entitled for the custody of the child for 50 days during summer holidays. Admittedly, schools are closed in Dubai for

summer holidays. The father as well as his counsel submitted that due to pandemic situation, they are not in a position to bring the child to India. It is

submitted that even if the child is brought to India, it would be impossible to fly back to Dubai due to restrictions imposed by the UAE administration.

However, it is submitted that the child was having online classes before the summer holidays. Father further submits that after the summer holidays,

the school authorities are contemplating to have on-site classes.

As of now, there is no impediment to travel to India. The father is bound to comply with the compromise decree. The father of the appellant is now

in Dubai. We have also impleaded the Union Government in the party array. We are of the view that the child shall be handed over through the father

of the appellant from the premises of the Indian Consulate in Dubai on 14.7.2019 at 11 am (UAE time). The father of the appellant can bring the child

to India. We will pass further orders in regard to custody on 10.8.2021. It is made clear that as of now the mother is entitled to retain the custody of

the child as per the compromise decree, subject to further decision to be passed in the appeal. The mother furnishes her address and contact details as

follows:

Anima Shaukat Ali,

Prestige Lakeside Habitat,

Varthur Road,

Gunjur Village,

Bangalore.

Mobile:8137958378.

During the custody, the father will be entitled to contact the child through any online medium on Monday, Wednesday and Friday between 1 to 7.30

pm (UAE time). The father is directed to hand over the passport of the child to the father of the appellant through the Consulate. On reaching India,

the child's passport shall be surrendered before this Court.

Post on 16.7.2021 and on that day the passport shall be produced.

Handover        Â