Nisha M John vs Rijan Varghese Abraham

Anu Sivaraman, J.

We have heard the learned counsel appearing on either side. We have also interacted extensively with the appellant in this Mat Appeal as well as the respondent and the child.

The child told us in no uncertain terms that he is willing for permanent custody with the father since he is comfortable with his father and paternal grand mother.

The appellant informs us that the school year is to end in March, 2024 and that the present arrangement may be permitted to continue till then. It is stated that the custody of the child will be handed over to the father as a permanent arrangement after the school closes for annual holidays in March, 2024. It is submitted that the appellant's father or brother may be permitted to hand over the custody of the child as directed by the Family Court after the close of the school year 2023-2024. It is further submitted that the child may be permitted to interact with the mother on a regular basis as he wishes. It is also prayed that the interim custody of the child may be given to the mother during school vacations and for half of the summer vacations.

Having considered the contentions advanced and having interacted with the parties, we are of the opinion that the legal questions raised in this appeal do not require a consideration in this Mat Appeal. The legal questions are, therefore, left open to be decided in other appropriate proceedings.

The Mat Appeal is, accordingly, disposed of with the following directions :- We direct that the permanent custody of the child be handed over to the respondent father as directed by the Family Court. However, the permanent custody will be handed over after the school closes for summer holidays this year. The respondent shall take appropriate steps to see that admission is secured for the child in a good educational institution. It is further ordered that the temporary custody of the child will be handed over to the mother during school vacations, for half the period of the vacations and for two days in a month, convenient to both sides at Pathanamthitta Marthoma Church, Near Collectorate, Opposite Government Hospital, Pathanamthitta. The child will also be permitted to interact over telephone with the mother as he pleases.

In the meanwhile, the interim custody of the child will be handed over to the father on week ends, convenient to both parties, during the months of January, February and March, 2024. The custody will be handed over at 5 p.m. on fridays at the Pathanamthitta Marthoma Church, Near Collectorate, Opposite Government Hospital, Pathanamthitta and the child shall be taken back by either his maternal grand father or his maternal uncle on the following sundays.

We make it clear that in case of any requirement, the parties will be free to file appropriate applications before this Court till the child attains the age of majority, which shall be sent up for consideration.