IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 33705 of 2009(R) -------------------------- OP.706/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER(S): --------------- SANTHOSH.K,AGED 37 YEARS, S/O.M.GANGADHARAN,KIZHAKKUVEETTIL HOUSE, VALLACHIRA.P.O,THRISSUR. BY ADV. SRI.RAJIT RESPONDENT(S): --------------- REKHA.K.R,AGD 30 YEARS, D/O.RAVINDRANATH,KAILASBHAVAN,KAKKANADU, KOCHI-30. ADV. SRI.SAIBY JOSE KIDANGOOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(C).No.33705 of 2009 ---------------------------------------- Dated this the 21st day of December 2009 J U D G M E N T Basant,J This writ petition is directed against an order for interim custody of two children born to the spouses. By the impugned order, the court below had permitted the petitioner/husband to have opportunity to interact with the children on the 1st and 4th Saturdays of every month from 2 p.m to 4 p.m at the premises of the Family Court. The petitioner/husband claims to be aggrieved by the impugned order. He prays that instead of two opportunities every month, he may be given one opportunity; but on such day he may be permitted to take the children from the court and keep them in his custody overnight. 2. The application is stoutly opposed by the learned counsel for the respondent. The learned counsel for the respondent submits that there is specific allegation of mental instability/ailment for the petitioner/husband. The respondent apprehends that the mental condition of the petitioner is too dangerous to allow him to have overnight custody of the W.P.C No.33705/09 2 children. The learned counsel for the respondent submits that this contention was specifically raised before the court below and the court had referred the parties to psychiatric consultation. 3. We are satisfied that the ideal direction in the given circumstance should ensure that the Family Court disposes of O.P.No.706/09 at the earliest. In the nature of the contentions raised, we do not, at this point of time, alter the order to enable the petitioner to take the children out of the Family Court and keep them with him overnight. But, we are satisfied that the request of the learned counsel for the petitioner for longer quality time with the children can be allowed subject to appropriate conditions. 4. In the result, a) This writ petition is allowed in part. b) The impugned order is modified. In supersession of the impugned direction, it is directed that the petitioner/father shall be given opportunity to interact with his children on the 4th Saturdays of every English calender month between 10 a.m and 4 p.m at the premises of the Family Court. W.P.C No.33705/09 3 c) The Family Court is directed to dispose of the O.P as expeditiously as possible, at any rate, within a period of four months from the date on which a copy of this judgment is placed before the court below. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C No.33705/09 4 W.P.C No.33705/09 5 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009