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Judgment
9 paragraphs · 347 wordsDevan Ramachandran, J.
Though there are various allegations, averments and assertions made and urged in this petition, when this matter was called today, it was gratifying that the parties appear to have arrived at some kind of consensus with respect to the interim custody of the children.
Sri.Philip T.Varghese – learned counsel for the petitioners, submitted that his clients are aggrieved only because of the manner in which the custody of the children was given to the father by the Family Court, which he asserted, was done in an abrupt manner; while, Sri.Mohanakannan – learned counsel appearing for the respondent – father, asserted that the children have been in his client's custody and would like to continue in such position.
However, as said above, the parties now agree that the custody of the children can be given to the grandparents from today until 18.05.2023, so as to facilitate their school admissions and such other requirements; and that they will be handed over back to the father on that day, from their residence.
Taking into account the afore consensus and since we have interacted with the parties also at the Bar, to find no impediment to the afore, we allow this Original Petition, modifying Ext.P3 order of the learned Family Court, Muvattupuzha, with the following directions:
(a) The children shall be handed over in custody to the petitioners - grandparents by the respondent - father from this Court today itself.
(b) The children shall be given back to the father on 18.05.2023 at 11 A.M. and he will be at liberty to visit the residence of the petitioners for such purpose. We caution the grandparents that there shall be no conduct from their side to the smooth handover of custody of the children on that day.
(c) On 28.05.2023, the respondent – father shall hand back custody of the children to the petitioners – grandparents at 11 A.M. at their residence.
We leave liberty to the parties to move the Family Court appropriately, if any further orders are required, subsequent to the afore arrangement.