IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 Mat.Appeal.No. 1027 of 2009() ----------------------------- GOP.888/2004 of FAMILY COURT,ERNAKULAM .................... APPELLANT : RESPONDENT --------------- V.J.A.RICHARD, S/O.LATE JACOB, VELIKKAKATH HOUSE, EDAKOCHI, ERNAKULAM. BY ADV. SRI.SUBAL J.PAUL SHEEBA SUBAL RESPONDENT: PETITIONER --------------- ANNIE, D/O.VARGHESE, NEELIMA CLASSICS, KANJIKUZHY, KOTTAYAM. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ Mat.Appeal No.1027 of 2009 ------------------------------------- Dated this the 23rd day of December, 2009 JUDGMENT BASANT, J. This Mat.Appeal has come up for admission hearing emergently at the request of the appellant. The appellant is the father of a minor girl child. As per the order passed in G.O.P No.888/04, which has been upheld by this Court by the judgment dated 19/6/2007 in Mat.Appeal No.210/07, the respondent/mother has permanent custody of the minor child. The appellant/father has rights for temporary custody during the period of vacations. The Christmas vacation for the child this year is from 22.12.2009 to 02.01.2010. The order passed in the G.O.P, as modified by the order in Mat.Appeal No.210 of 2007, permits the parties to apply before court for alteration/changes if any necessary. 2. Accordingly the respondent/mother of the child prayed before the Family Court that the child may not be given over to the custody of the father for the entire period of Christmas vacation this year. She had a reason to make such a Mat.Appeal No.1027 of 2009 2 demand. The child had onset of puberty and the first menstruation appeared on 28.11.2009. The mother, the respondent herein apprehended that if the child were left with the father for the entire period of Christmas vacation, the inexperienced child was likely to have her menstrual cycle while she is in the custody of the father. To provide for that eventuality, the Family Court by the impugned order restricted custody of the appellant/father during this Christmas Vacation from 22.12.2009 to 27.12.2009. Evidently the court felt that the child must be with its mother when her menstrual cycle starts this month. 3. This order is assailed by the learned counsel for the appellant in this Appeal. It is contended that such a restriction is unnecessary and artificial. The child will have menstrual cycles in future and it is not a correct approach to say that the child should not be in the custody of the father when she is in her menstrual cycle. We are unable to accept this contention at all. Going by the undisputed case that the onset of puberty was noted on 28.11.2009 and it is her first menstrual cycle that was anticipated on or after 28.12.2009. The court below was, in these circumstances, absolutely justified in restricting the period Mat.Appeal No.1027 of 2009 3 of custody with the appellant/father for this Christmas vacation till 27.12.2009 to ensure that the inexperienced child is with its mother when its first menstrual cycle appears on or after 28.12.2009. The order does not deserve interference at all. 4. This Matrimonial Appeal is, in these circumstances, dismissed in limine. 5. The learned counsel for the appellant submits that though the menstrual cycle was anticipated only on or after 28.12.2009, the child is already in her menstrual period and the menstrual period will be over long prior to 27.12.2009. In these circumstances, it is prayed that the impugned order may be modified as the same has no relevance now. This question cannot be decided without hearing the respondent and the child. It is for the appellant to move the court below to modify the order well before 27.12.2009 so that appropriate orders can be passed by the Family Court. It is submitted that the Family Court is not sitting now. The period of such days of non sitting is not readily available with the appellant. We need only mention that the appellant can move the Family Court for alteration/modification of the impugned order by placing all relevant details before the Family Court. The Family Court or Mat.Appeal No.1027 of 2009 4 whichever incumbent is in office must make every endeavour to pass appropriate orders before 27.12.2009 if any such application is filed. At any rate, unless modified, the impugned order will have to be observed and obeyed by the appellant. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-