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Judgment
6 paragraphs · 275 wordsA. Muhamed Mustaque, J
The petitioner is before this Court with the above original petition seeking a direction to the Family Court, Kozhikode, to hear and pass orders in the interim custody application filed by the father to take up his request for processing the VISA of the children for going abroad (UK).
We had occasion to interact with the parties. The mother has now moved to Wayanad and settled there with the children. She does not want to go back to UK.
The welfare of the children will have to be taken into consideration by the Family Court, after full-fledged trial. At this juncture, we cannot direct the Family Court to take up the application to process the UK Visa to take the children abroad.
However, now the father is available in India. Taking note of the circumstances, we are of the view that the father should be given custody of the children on every Friday evening to Sunday evening, till he is available in India. The father shall take the children from the Family Court premises, Kalpetta, and return back the Children to the mother from the Family Court premises itself. He has to surrender the passport, Aadhaar card or any other documents relating to the children before the Family Court, Kozhikode. We make it clear that without surrendering the passport, the father will not be able to get the custody. This arrangement will continue till further orders are passed by the Family Court. The Family Court, Kozhikode shall not release the passport until a decision is taken in the matter regarding custody.
The original petition is disposed of.