Mithra Chandran vs Manoj Ayyanchira Mani

Sophy Thomas, J

This original petition has been filed by the mother of the minor children to direct the Family Court, Pathanamthitta to consider Ext.P8 petition within a time frame.

The respondent/father filed OP (G&W) No.38 of 2020 before the Family Court, Pathanamthitta to get guardianship and custody of his minor children. The petitioner herein, who is the mother of the children, was set ex parte and an ex parte decree was passed on 19.07.2022. She filed a petition to set aside the ex parte decree with a petition to condone the delay. Meanwhile, the father obtained custody of the children as per order in I.A No.21 of 2022 dated 31.10.2022. Though she filed Ext.P8 i.e. I.A No.5 of 2023 in R.P No.66 of 2022 in O.P (G&W) No.38 of 2020, it was not considered by the Family Court and hence she approached this Court with the above original petition for early disposal of that petition within a time frame.

We directed the Registry of this Court to get a report from the Family Court, Pathanamthitta as to the present position of I.A No.5 of 2023 pending before that court. The learned Family Court Judge submitted her report stating that the said I.A is posted for evidence and it could be disposed of, on or before 10.05.2023.

Heard learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

The children were throughout with the mother and only on the basis of the ex parte decree, the father obtained custody of the children. The mother has approached the Family Court to get the ex parte decree set aside and the proceedings are under way. Being the mother, the petitioner is entitled to get the children under her care and custody during the summer vacation, which will be over by 30.05.2023.

Learned counsel for the respondent agreed to hand over custody of the children to the petitioner from 15.05.2023 to 29.05.2023. So, it is hereby directed that the respondent shall hand over custody of the minor children to the petitioner at 10 a.m on 15.05.2023 till 5 p.m on 29.05.2023, and the venue for exchange of custody shall be the premises of Family Court, Pathanamthitta. While the children are under the custody of the mother, the father is at liberty to interact with the children every day between 7 p.m and 7.30 pm through phone calls/Whatsapp video calls.

The Family Court, Pathanamthitta is directed to dispose I.A No.5 of 2023 within one week from today, and to decide O.P (G&W) No.38 of 2020 on merits.

With these directions, the above OP(FC) stands disposed of.