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Judgment
5 paragraphs · 377 wordsAnu Sivaraman, J.
Heard the learned counsel appearing on either side. We have also communicated extensively with the child as well as both the parents through videoconferencing. At earlier occasions, we have also communicated with the maternal grandparents.
Having considered all the contentions advanced, we are of the opinion that it is in the best interest of the child that interim custody is granted to the father for the time being. The maternal grandparents shall produce the child before the Family Court, Thrissur on 02.03.2024. The interim custody shall be handed over to the father, who has agreed to come down on the said date, from the premises of the Family Court. The father shall be permitted to take the child to his work place on condition that all relevant details including the photostat copies of the passport, details of the residential address as well as clear details of the employment of the father and the school where admission is taken for the child are provided before the Family Court. The father shall also swear to an affidavit undertaking to remain bound by the orders of the Family Court, Thrissur and to abide by the orders passed by the said Court.
The mother is permitted to move the applications for VISA to take the child along with her to Canada as and when she completes her studies and has proper employment and is able to take the child subject to the satisfaction of the Family Court. It is made clear that the interim custody granted to the father is purely an interim measure and as and when the mother is able to take the child with her to Canada, she can move the Family Court with application for custody which shall be duly considered in accordance with law by the Family Court. The respondent shall also make available the passport of the child and the TC before the Family Court, Thrissur so that the father is enabled to take possession of the same and to take the child along with him.
All other contentions including interim custody and vacation custody shall be decided by the Family Court on the basis of the applications filed before the Family Court. These OP(FC)s are disposed of accordingly.