IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Mat.Appeal.No. 754 of 2008() ---------------------------- OP.287/2008 of FAMILY COURT, MALAPPURAM .................... APPELLANT/RESPONDENT ----------------- ABDUL SALAM, S/O.HAMZA V.P., VELIYAMPURATH HOUSE, PUZHAKKATTIRI DESOM AND AMSOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT/PETITIONER -------------------- SUMAYYA, D/O.ASSAINAR, PARAYIL HOUSE, AYYATHA PRAMBA, PANG AMSOM AND DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- M.A.NO.754 OF 2008 -------------------------------- Dated this the 24th day of October, 2008 JUDGMENT Raman,J. Appellant is the respondent in O.P. No.287/08 on the file of the Family Court, Malappuram. The O.P. Was filed by the wife for custody of her son ;and daughter aged 9 years and 4 ½ years respectively. The appellant contested the matter. After adjudication the Family Court gave the custody of the boy to the father and custody of the minor girl aged 4 ½ years to the mother with visitorial right to the parents. Paragraph 12 of the order is extracted hereunder: “The minor girl aged 4 ½ years will be handed over custody to the mother petitioner. The father respondent is entitled to retain the custody of their son now aged 9 years. On the first and second Sundays of every month the boy will be given over custody to the mother from 10 a.m. To 5 p.m. On the third and fourth -2- MAT.APPEAL No.754/2008 Sundays of every month the girl will be handed over to the father from 10 a.m. To 5 p.m. During summer vacation, on the first half the boy will be handed over to the mother land during the second half the girl will be handed over to the father.” 2. From the above, it can be seen that both the father as well as the mother has been given temporary custody of both the children twice a month and also during summer vacation. 3. Considering the age of the minor girl, we cannot say that the order passed by the Family Court giving the girl child to the custody of the mother is illegal or wrong. No ground is made out for interference. Appeal is dismissed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv. -3- MAT.APPEAL No.754/2008