Najiya.N vs Haja Yazim.N

A. Muhamed Mustaque, J

Read our earlier order dated 12.06.2023:

“The Child Welfare Committee, Govt. Childrens Home, Poojappura, Thiruvananthapuram 695 012 is suo motu impleaded as an additional second respondent.

The dispute in this matter is in regard to the interim custody of the child born in the wedlock between the petitioner and the first respondent. The Family Court entrusted the custody of the child with the father. The child is only ten months old. One of the reasons for granting the custody of the child to the father is that the petitioner-mother is residing with her lover and she suffers from personality disorder.

Having considered the facts and circumstances, we are of the view that the additional second respondent, the Child Welfare Committee shall conduct a detailed inquiry and report before this Court whether the petitioner-mother is competent to have the custody of the child and her family circumstances would be conducive for the well-being and welfare of the child. Necessary inquiry shall be made with the persons, who are able to give inputs in regard to the family of the petitioner-mother, and from such other sources as well.

The petitioner is directed to serve a copy of the original petition to the learned Government Pleader.

The learned Government Pleader shall communicate this order to the Child Welfare Committee, Thiruvananthapuram. Post on 20.06.2023.”

The  child  is  now  in  the  custody  of  the  mother.  The mother has produced the child today. The father is also present. Learned Government Pleader handed over a report of  the  CWC  Thiruvananthapuram  which  indicates  that  the mother has no adverse circumstances to continue the custody  of  the  child.  The  child  is  only  one  and  a  half years old. In the light of the report of the CWC, we are of  the  view  that  the  mother  should  have  custody  of  the child, at the same time we allow the father to have the custody of the child on every weekend, from Friday evening till 5.00 p.m on Sunday. The father has agreed to take the child from the house of the mother, where the mother is now residing. In case any dispute arises, the Family Court can suitably amend this order to handover and return the child from the premises of the Family Court, Thiruvananthapuram. The father is also allowed to take the child on the Bakrid day at 5.00 p.m and can keep the child till Sunday evening. The impugned order is accordingly modified. The Family Court is given the liberty to modify this arrangement based on any changing circumstances.

The Original Petition is disposed of as above.