Smt. Rajeshwari vs Munikrishna and Smt. Bhagyalakshmi

A.S. Bopanna

The petitioner is before this Court assailing the order dt. 2.4.2012 passed on the Interlocutory Application in G & WC No. 131/2010. The order is impugned at Annexure-A to the petition. Respondents have entered caveat.

Heard Sri. Shrihari, Learned Counsel for the Petitioner and Sri. Ramana, Learned Counsel for the Respondent and perused the petition papers.

The instant petition relates to the interim custody of the child Lakshya who is aged about 5 years, The petition in G & WC No. 131/2010 is filed seeking custody of the child. During the pendency of the Petition, an Application is filed seeking interim custody of the child. The said application is filed by the respondents praying that they may be permitted interim custody of the child during the summer vacation of 2012. The Family Court by its order dt. 2.4.2012 has granted custody to the respondents herein from 9.4.2012 to 8.5.2012. The petitioner who is the mother has assailed the said order.

The primary contention in so far as the interim custody is that when the parties were before this court in W.P. No. 6494/2011, this court while disposing of the petition on 15.3.2011 has indicated that the custody during the summer vacation should be for 15 days. It is therefore contended that the court below was not justified in granting custody for four weeks.

The Learned Counsel for the Respondents would however seek to justify the action of the Family Court. It is pointed out that during the last winter vacation, the interim custody could not be obtained by default and the orders referred in any event does not hold good for all summer vacations. Therefore, the court below was justified.

Having heard the learned counsel for the parties. I am of the opinion since the issue relating to the interim custody is recurring repeatedly between the parties during the pendency of the main petition, it would be appropriate to dispose of the instant petition indicating the manner of right between the parties for interim custody during different vacations to the School where the child is studying.

Keeping these aspects in view, I am of the opinion that the respondents herein would be entitled to the Interim custody of the child during all summer vacation during the pendency of the main petition for three weeks.

In so far as the Dasara and Christmas vacation to the Schools, the interim custody between the petitioner and the respondents shall be for equal number of days i.e. to say for 50% of the number of days of holidays the child would remain with the petitioner - mother and for the balance 50% of the number of days of holidays, the child will remain with the respondents. In that view of the matter, the impugned order is modified to hold that the respondents shall hand over custody of the child, Lakshya to the petitioner hereto on 1.5.2012 before 5.00 p.m.

With the above modification, the petition stands disposed of.