Navin Raj vs Smitha Menon

R. Basant, J.—Petitioner is the father of a female minor child, aged 2 = years. The respondent is the mother of the child. The father has filed an application under the Guardian and Wards Act for custody of the child. In that application he has filed an I.A for interim custody. The prayer stands allowed in part now and the petitioner/father is permitted to have access to the child in the premises of the court from 2 p.m to 4 p.m on the second and fourth Saturdays of all English calendar months. The petitioner has come to this Court with a prayer that the time slot allowed to him may be altered as the same is found to be inconvenient now. On this small issue, there has been a lot of litigation between the parties. We have heard both sides. We are informed that the O.P filed under the Guardian and Wards Act already stands listed for trial. Orders are expected expeditiously in such proceedings, it is submitted.

Be that as it may, we find the request of the petitioner/father to be legitimate. Accordingly we modify the interim orders relating to custody of the child and issue the following modified directions:

i) The petitioner/father shall be permitted to have access to the child between 10 a.m and 2 p.m on the first and third Saturdays of all English calendar months;

ii) Such access shall be at the Family Court, Ernakulam and the petitioner shall not be permitted to take the child out of the premises of the Family Court;

iii) While the petitioner has interactions with the child, it is directed that the respondent shall not in any way interfere in the interactions between the child and the father;

iv) It is further directed that for every such visit, an amount of Rs. 250/- (Rupees Two hundred and fifty only) shall be paid in advance by the petitioner to the respondent. An amount of Rs. 250/- (Rupees Two hundred and fifty only), being the expense payable for the next visit, is paid by the Learned Counsel for the petitioner to the Learned Counsel for the respondent straightaway;

v) Hereafter when the father has interactions with the child at the Family Court, an amount of Rs. 250/- (Rupees Two hundred and fifty only) for the next visit shall be paid by the petitioner to the respondent. If such amount is not paid, the respondent shall not be liable to get the child to the Family Court.

This Writ Petition is accordingly allowed to the above extent.