V.K.Mohanan, J.
The petitioner and the respondent herein are the husband and wife and they got in their wedlock a child namely, Lignesh @ Akhinesh. As there was some matrimonial dispute among them, the respondent-wife prepared O.P.No.785 of 2003 for return of gold ornaments and also M.C.No.482 of 2013 seeking maintenance. Petitioner, in turn, also approached the Family Court., Thrissur by filing G.O.P.No.1087 of 2003 claiming permanent custody of the child. During the pendency of the above G.O.P., in terms of a compromise arrived between the petitioner- father and respondent-mother, the learned Judge of the Family Court by order dated 25.02.2009 disposed of the above G.O.P. allowing the same to the extent directing the respondent-mother to produce the child on third Saturdays between 10.00 and 10.30 a.m. and to hand over temporary custody of the child to the father-petitioner herein, and to return the custody of the child to the respondent-mother at 12.00 noon. It is also made clear that the parties are at liberty to approach the court for modification of the above order in the changed circumstances, if any. Thereafter, the petitioner preferred two petitions before the Family Court, among which one is filed with the allegation that the respondent had violated the order dated 25.02.2009 in G.O.P. and sought for action against the respondent and the other petition is for modification of the order dated 25.02.2009 in the above G.O.P. While so, the learned Judge of the Family Court issued the present impugned order.
2. Alleging that the interim custody of the child was ordered to be given to the petitioner only for a short time, that is, from 10.00 a.m. to 12.00 noon on 17th , 24th and 31st of May, 2014, which according to the petitioner is not sufficient to get proper company with the child and to interact with the said child, Ext.P4 order dated 13.05.2014 in I.A.No.1559 of 2014 in G.O.P. is challenged in this petition filed under Article 227 of the Constitution of India.
3. Heard Shri Santhosh Poduval, learned counsel for the petitioner and Shri M.B.Prajith, learned counsel appearing for the respondent. We have carefully considered the arguments advanced by the learned counsel for the petitioner as well as the respondent and we had interacted with the parties to the dispute and also interacted with the child, today at 2.30 p.m. in our chamber.
4. In the light of the facts and circumstances involved in the case and in view of the materials available on record, particularly in the light of the grievance expressed by the petitioner-father, we are of the view that we need not detain the above petition in the files of this Court and on the other hand, the same can be disposed of relegating the petitioner to pursue the petition pending before the Family Court for modification of Ext.P1 order and in the meanwhile, custody of the child can be given to the petitioner as an interim measure for one day in one month for a fixed time, especially when Ext.P1 order was passed by the court below in terms of the settlement arrived between the parties.
In the result, this Original Petition (FC) is disposed of slightly modifying Ext.P4 interim order and the respondent is directed to produce the child before the C.M.O., Family Court, Thrissur at 10.00 a.m. on 07.06.2014 instead of 31.05.2014 and to handover the custody of the child namely, Lignesh @ Akhinesh to the petitioner-father, who shall present in person before the C.M.O. and he is free to take the child from there and have company with the child and can go for shopping or taking food, etc. with the child but, he is not entitled to take the child to his own house and the petitioner shall produce the child back before the C.M.O. by 4.00 p.m. on the same day. The learned Judge of the Family Court, Thrissur is directed to dispose of the other petitions filed by the petitioner. It is made clear that the Family Court is free to pass appropriate orders either in terms of the judgment passed by this court in this petition or as in the manner the court below deems fit, regarding the custody of the child namely, Lignesh @ Akhinesh.
Original Petition is disposed of accordingly.
V.K.MOHANAN, JUDGE.
A. HARIPRASAD, JUDGE.
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