Mohanan, J.
Challenging the common order dated 29.4.2014 in I.A.Nos.1389 & 1434 of 2014 in O.P.No.564 of 2014 of the Family court, Thrissur, the parties to the above interlocutory applications preferred these original petitions. The respondent herein approached the court below by filing OP No.564/14, praying inter alia to issue an order of injunction restraining the petitioner from forcefully removing their minor child, namely Aasik Elan, from his possession. OP(F.C.)No.227 of 2014 is filed by the mother, who is the respondent in the Family court and the wife of the petitioner therein ; whereas OP(F.C.) No.250 of 2014 is filed by the father, who is the petitioner in the trial court and the husband of the respondent therein. Thus the main dispute among the couple is with respect to the custody of the ward, namely Aasik Elan, aged 6 months old. After having considered the rival claims, the Family court, Thrissur, issued the above referred common order, of which, the operative portion reads as follows :
“a. Interim custody of minor child named Aasik Elan, aged 6 months is given to his biological mother, Nimshidha Abdul Manaf, during the 1st and last 10 days of every month.
b. Petitioner/husband is also allowed interim custody of minor child during the rest of the period of each month.
c. Petitioner/husband shall produce the child before the Chief Ministerial Officer of the Family court, Thrissur, at 3 p.m. on 1st day of every month. Upon production of child, Chief Ministerial Officer shall hand over the custody of child to his mother/respondent by making necessary entries in the register and thereafter, she shall produce back the child before the Chief Ministerial Officer at 3 p.m. on the 10th day of each month. The Chief Ministerial Officer again shall hand over the custody of child to his father on the same day after making necessary entries and thereafter petitioner shall produce back the child on the day commencing the last ten days on every month.”
2. When OP(F.C.) No.227 of 2014 came up for consideration, another Division Bench of this Court passed the following order on 9.5.2014.
“Admit. Adv.Sri.N.M.Madhu, appears for the respondent.
The custody of the minor child shall continue with the petitioner for the present. However, the respondent shall be permitted to visit and interact with the child from 10 a.m. to 1 p.m. on every Wednesday and Saturday until further orders.
Post on 26.5.2014.”
3. During the pendency of the above original petitions, on the basis of the submissions made by the learned counsel for the contesting parties, we directed the Registry to place the matter before the Kerala Mediation Center for mediation. However, the mediation was failed. Now, both the counsel submitted that ensuring the visitorial rights to the father, both the original petitions can be disposed of. Both the counsel have agreed to allow the father to visit and interact with the child from 10 a.m. to 1 p.m. on every Monday, Wednesday and Saturday. Considering the welfare of the child, we are of the opinion that, accepting the above suggestions, these original petitions can be disposed of, particularly when the ward is only at the age of 6 months.
In the result, these original petitions are disposed of allowing the mother to continue the custody of the minor child ; but at the same time, the father is given the right to visit and interact with the child from 10 a.m. to 1 p.m. on every Monday, Wednesday and Saturday. As the main matter is pending before the court below, the Family court, Thrissur, is directed to expedite the proceedings to dispose of O.P.No.564 of 2014.
Sd/-
V.K.MOHANAN, Judge ami/ Sd/-
A.HARIPRASAD, Judge //True copy// P.A. to Judge