IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 MFA.No. 99 of 2007() -------------------- G.OP.742/2003 of FAMILY COURT,THRISSUR .................... APPELLANT(S): RESPONDENT ------------------------ JYOTHI LAXMI, AGED 39 YEARS, MUNDATH HOUSE, D/O.VENUGOPALAN NAIR, PAVARATTY DESOM, PAVARATTY VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.SUDHEESH.A. SMT.C.V.BINDU RESPONDENT(S): PETITIONER ------------------------- 1. MADHUSUDHANAN, S/O.SANTHAKUMARI AMMA, AGED 46 YEARS, CHANGARATH HOUSE (IDIRALAYAM), P.O.VARADIUM, AVANUR VILLAGE, TRISSUR TALUK, TRISSUR DISTRICT. 2. MINORS 1.SANDEEP, AGED 12 YEARS, S/O.APPELLANT AND RESPONDENT. 2.VISHNAVI, AGED 7 YEARS, D/O.APPELLANT AND RESPONDENT. ADV. SRI.K.MOHANAKANNAN FOR R1 SMT.A.R.PRAVITHA FOR R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2008, ALONG WITH MA NO.612 OF 2007 AND WPC NO. 35845 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.1308/2007 IN M.F.A No.99/2007 CLOSED. SD/-P.R.RAMAN, JUDGE SD/-T.R.RAMACHANDRAN NAIR, JUDGE 03/11/2008 \\TRUE COPY// P.A TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - M.F.A. No.99/2007, Mat.A.No.612/2007 & W.P.(C) No.35845/2007 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of November, 2008. JUDGMENT Raman, J. These three cases arise out of the same order passed by the Family Court, Thrissur in G.O.P.No.742/2003. That was a petition moved by the husband for permanent custody of the children. Eventually the court below disposed of the matter allowing the original petition to the extent of granting temporary custody of the minor children one week each during Onam and Christmas holidays and two weeks during midsummer holidays. 2. We have heard both sides. The minor son Sandeep is now aged 13 years and the minor daughter Vaishnavi is 9 years old. They have been with the mother all these time subject to the temporary custody being given to the husband as per the orders passed by the court below. The parties are admittedly living separately from 2000 onwards and today we have disposed of the appeals filed against the decree for divorce and converted the same as a decree passed on mutual consent. The family of the husband consists of several members and all of them mainly depend upon him for MFA 99/07, etc. -2- their livelihood. Therefore, much care and attention should be given by him. At the same, the father cannot be denied his visitorial right which is already granted by the court below. But we think, in the factual situation, a modification of that order is required to be made. The father of the children will be given custody of the minor children every second Saturday between 10 a.m. & 11 a.m., to be returned on Sunday at 2 p.m. The father will take the children from the residence of the wife. The father will also give temporary custody five days during Onam, one week during Christmas holidays and three weeks during midsummer holidays. The cases are disposed of accordingly. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/