Dr. Suresh Ganesamoorthy vs Dr. Dimple Dev Vasudevan

Amit Rawal, J.

The order of the Family Court dated 07.04.2025 on the interim application regarding the custody of the child sought by the petitioner – father aged 47 years, of the minor child – Ryan Dev Suresh, aged 4 years 7 months and 28 days, in the pending Original Petition No.374 of 2024 seeking permanent custody of the child is under challenge in this Original Petition.

It is most unfortunate that both husband and wife are Doctors by profession – the wife having MBBS, MD, DFM & FID and the husband is an Orthopaedic Surgeon. Out of the wedlock, the child aforementioned was borne in Germany, who is now aged approximately 5 years. It is a matter of record that both husband and wife lived for sometimes in Germany and thereafter the wife has come back to India and is practising her profession in Amrita Institute of Medical Sciences, Ernakulam. The petitioner – husband is stated to be working in Germany as an Orthopaedic Surgeon. During the pendency of the aforementioned Original Petition before the Family Court, an IA bearing Number 16 of 2025 was filed seeking the custody of the child for the period from 16th April 2025 to 18th May 2025 due to the fact that the applicant – petitioner has taken leave, stationed in Ernakulam and would take care of the child and for that, intends to take a flat.

It is pertinent to mention here that during the pendency of the petition, earlier IA No.4 of 2022, filed by the petitioner was allowed to have day custody of the minor child for five days during the previous summer vacation and was given a contact rights on every Tuesday, Friday and Sunday through video call.

Learned Court, on contest by the wife that the child has no affection towards the father and the father is of violent behaviour, disposed of the application by granting the day custody of the child to the petitioner – husband from 10.00 am to 4.00 pm on every Saturday during the months of April and May, 2025 before he leaves abroad.

Adv. Santhalingam, the learned Senior Counsel, assisted by Smt.Sindhu Santhalingam, the learned counsel appearing on behalf of the petitioner – husband submitted that similar controversy had also arisen before this Court and this Court in paragraph 6 of the judgment dated 11th of December, 2024 in OP(FC) No.682 of 2024 titled as Bijay Raj Menon v. Arathy Ramachandran issued certain directions. The petitioner is now confining his prayer for custody of the child for a period from 18th April, 2025 to 4th of May, 2025 and with liberty to attend the birthday of the child which is falling on 8th of May, 2025.

Issue notice before admission. Mr.K.Balachandran and Mr.K.Ramakumar, the learned Senior Counsel accepts notice.

The parties are also present in Court. We have had an interaction with them.

Mr.Ramakumar, on instructions, informed that the child, on 1st January 2025 was admitted in Amrita Institute of Medical Sciences and Research Centre, where the wife is working, for ‘febrile seizure’ and viral fever as per the medical record given to us. We have been informed that the child is also now suffering febrile seizure and fever, but no medical records has been placed before us.

It is a matter of record that the father of the boy also needs the company of the child, equally so the child, particularly a boy child would also be requiring the custody and care of the father as there are certain things which had to be shared between the father and the son.

There are, of course, an allegation and counter allegations and even we have been informed that a divorce petition has been preferred at the instance of the wife. Be that as it may. We would be refraining ourselves from delving on the same in view of the fact that at the moment, our only concern is the well-being and welfare of the child who is approximately 5 year old. It is also a matter of record that the schools in Kerala have closed from 1st April till 31st of May, 2025. The custody of the child is with the mother at the moment. We have had interaction with both husband and wife and would not be delving upon the grievances expressed to us qua-each. We are of the view that the father would also require the custody of the child for sometime as he specially come down India from Germany.

Accordingly, we modify the order under challenge by disposing the Original Petition in the following manner:

a) The petitioner will take a flat or house in Ernakulam and intimate the address to the respondent – wife. At this stage, the petitioner – husband informed that he can take the house /flat tomorrow. Since the child is not going to school and stated to be under treatment owing to the earlier illness occurred in January, 2025, we thus direct the respondent wife to visit the place where the husband is taking a place to live and handover the custody of the child or the husband will go to the house of the wife, after having taken the premises on rent and showing the proof thereof to the wife and take the custody of the child.

b) If the wife desires the child is to undergo treatment, the husband is directed to take the child to the same medical institution where the boy is undergoing his treatment and the respondent – wife shall also accompany.

c) After the treatment the husband will have the care and custody of the child and every day the husband will permit the respondent – wife to contact the child on a video call for a period of 20 minutes, till the child is in care and custody of the petitioner husband. This arrangement will commence from 21st of April and continue till 4th of May, 2025. On 5th of May, 2025 the husband will give the custody of the boy/child to the mother either at her place or the mother is at liberty to come to the place the petitioner would have taken and take the custody. It is made clear that the husband during this period will not take away the child from the territorial jurisdiction of Ernakulam, as he is a resident of Tamil Nadu or outside India.

d) The petitioner – husband shall also, while taking the custody either from the residence of the wife or in case the wife intends to handover the custody to the petitioner, give the proof of engagement of a care taker for looking after the child.

e) It is also made clear that since the custody of the child with the father would be only upto 4th of May and the birthday of the child would be falling on 8th of May, 2025, the petitioner – husband is permitted to visit the child on 8th May, 2025.