IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 8517 of 2008(S) ------------------------- AGAINST THE ORDER DATED 18/12/2007 IN IA.2054/07,1684/07& I.A.2583/07 IN OP.620/2006 of FAMILY COURT, MALAPPURAM .................... PETITIONER/PETITIONER IN I.A. 2054/07 & RESPONDENT IN I.A.1684/07 & 2583/07: ------------ HANAN U., 25 YEARS D/O.MARAKKARKUTTY HAJI, UNNIYALUNGAL HOUSE YARAM PADI, O.K.MURI P.O., VENGARA, KOTTAKKAL ROAD MALAPPURAM DIST. BY ADVS. SRI.T.K.SAIDALIKUTTY SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SMT.SHEENA SAMUEL RESPONDENT/PETITIONER INI.A. 1684/07 & 2583/07AND RESPONDENT IN I.A. 2054/07: ------------- MOHAMMAD SHAFEEKH, 30 YEARS S/O.BEERASHA, ILLICKAL VEEDU, FEROKE PETTA FEROKE, KOZHIKODE TALUK. BY ADVS. SRI.K.P.SUDHEER SRI.V.C.MADHAVANKUTTY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2008, THE COURT ON 31.3.2008 DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- W.P.(C) NO. 8517 OF 2008 ---------------------------------------------------------------- Dated this the 31st day of March, 2008 JUDGMENT Harun-Ul-Rashid, J. This Writ Petition is filed by the mother of the minor child Akhil with the following prayers: i. To set aside Exhibit P8 order by issuing any appropriate, writ,direction or order. ii. Allow I.A. 2054/07 and dismiss I.A. 1684/07 and I.A. 2583/07 on the files of the Family Court, Malappuram by issuing any appropriate writ, direction or order. 2. The respondent is the father of the child who is now aged 3 1/2 years. Due to several personal reasons, the marriage between the parties was dissolved on 16.4.2006. Arrangement regarding the custody of the minor child was ordered by the Family Court in O.P. No.620 of 2006 in terms of the joint statement submitted by the parents of the child. As per the order in the above Original Petition, the petitioner was directed to produce the child before the court on the first Saturday of every month and hand over custody of the child to the respondent/father at 11 a.m. so that W.P.(C)NO.8517/2008 2 the father can fondle the baby and remain with him till 4 p.m. 3. The respondent/father filed I.A. No.1684 of 2007 in O.P. No.620 of 2006 seeking modification of the said order. The petitioner/mother filed I.A. No.2054 of 2007 seeking to review the earlier order on the ground that the respondent was not complying with the order of the court properly. By the terms of the compromise, the respondent is directed to pay maintenance at the rate of Rs.1000/- per month. The Family Court disbelieved the explanation offered by the petitioner for not complying with the order dated 20.3.2007. The Family Court held that the respondent/father is not at fault and that if at all any one has committed breach of conditions, it is the petitioner/mother. Finding so, the Family Court modified the order and directed the petitioner/mother to produce the child before the Principal Counsellor at 10 a.m. on all Fridays and to hand over custody of the child to the respondent who can remain with the child till 5 p.m. and other ancillary directions. 4. This Court directed the parties to be present on 17.3.2008. The parties appeared on that day. We had appointed Adv. Smt. M.T. Sheeba as conciliator-cum-mediator. Lengthy discussions were made by the court and the conciliator with the parties. The parties were again directed to be W.P.(C)NO.8517/2008 3 present before this Court on 24.3.2008. On that day also we had lengthy discussions with the parties. Though we made earnest efforts for a reconciliation and reunion, the same could not be materialised due to the stand taken by the petitioner and her father. The petitioner is aged 25 years and the respondent who is employed at Chennai is aged 30 years. The respondent appealed to us that he may be given custody of the child for sufficient number of days so that he can be with the child during those days. The petitioner opposed this suggestion and requested to cancel the order of the Family Court regarding visitorial right enjoyed by the respondent as per the impugned order. 5. We feel that the company of the respondent/father is necessary for the welfare of the child. It is submitted that the child will start attending school during the academic year 2008-2009. We are of the view that the child shall remain with the respondent for at least two days a month and for a few days during Onam and Christmas holidays and during summer vacation. 6. In the result, we modify the order passed by the Family Court and direct the petitioner/mother to hand over the child to the respondent/father on the first Friday of every month at 10 a.m. The W.P.(C)NO.8517/2008 4 respondent/father shall return the child to the petitioner at 5 p.m. the next day. The respondent is also entitled to custody of the minor child for three days each during the first half of Onam and Christmas holidays and for a period of two weeks during summer vacation starting from 10th April, 2008. The petitioner/mother shall bring the child to the Principal Counsellor of the Family Court and hand over the child to the respondent/father on the respective days and at the time as mentioned in the judgment. It is made clear that neither the petitioner, her parents nor relatives shall cause any obstruction or problem to the respondent during his visits. The Writ Petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ W.P.(C)NO.8517/2008 5 KURAIN JOSEPH & HAURN-UL-RASHID, JJ. W.P.(C) NO.8517/2008 JUDGMENT 31st MARCH, 2008