IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 30749 of 2009(R) -------------------------- OP.679/2009 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER: --------------- NISHA.S.MEERAN, D/O.NAGOOR MEERAN, N.M.COTTAGE, KATHAKONEL P.O., PUTHAYAM, ANCHAL. BY ADV. SRI.SAJU.S.A RESPONDENT: --------------- MUHAMMED HUMAYOON, S/O.A.MUHAMMED HANEEFA, KALILIL VEEDU, KOOTIKADA P.O., KOLLAM. ADV. SRI.S.M.ALTHAF FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(C) No.30749 of 2009 ------------------------------------- Dated this the 13th day of November, 2009 JUDGMENT BASANT, J. Heard. Divorced spouses are parties to the litigation. They have been divorced by consent as per Ext.P1 agreement dated 27.03.09. The present dispute is about the custody of the child. There is a specific stipulation in Ext.P1 agreement that the child, who is said to be aged above 6 years now, shall remain in the care and custody of the petitioner/wife. There is a specific stipulation about the visitorial rights also. The respondent/father as per the stipulation in Ext.P1 has the right to be shown the child in the house of a specified person on more than one occasion every month. The respondent/father had gone before the Family Court with O.P.No.679 of 2009 for the custody of the child. It is in that application that the impugned interim orders have been passed. As per the interim orders, the child is to be handed over on the fourth Saturdays of every English calendar months at 11 a.m and the child has to remain in the custody of the respondent/father till 10 a.m on the following Sunday. The W.P(C) No.30749 of 2009 2 writ petitioner/wife complains that such a stipulation has been made by the court below ignoring the strenuous contention that was urged that the husband is mentally sick and the child cannot hence be handed over to the custody of the husband overnight. This is the short dispute. 2. We are satisfied after hearing both the counsel that appropriate directions can be issued which shall hold the field until O.P.No.679 of 2009 is disposed of by the Family court. We note that the respondent/father had voluntarily agreed to Ext.P1 and, in these circumstances, it would be enough if the said stipulation is given effect to with appropriate safeguards until O.P.No.679 of 2009 is disposed of expeditiously in accordance with law. 3. In the result: a) This Writ Petition is allowed in part; b) The impugned order Ext.P12 is modified. It is directed that the child shall be produced before the Family Court at 10 a.m on the second and fourth Saturdays of all English calendar months and the father, the respondent herein, shall be permitted to interact with the child till 5 p.m on those days. It is made clear that the father shall not be permitted to take the child out of the premises of the Family Court; W.P(C) No.30749 of 2009 3 c) There shall be a direction to the Family Court, Kottarakkara to dispose of O.P.No.679 of 2009 as expeditiously as possible - at any rate, within a period of 4 months from this date. 4. Hand over a copy of this judgment to the learned counsel for the respondent for immediate production before the Family Court. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-