Mohanan, J. The mother of the ward namely 'Aadiya Ann Philjo Philips', preferred this Original Petition challenging Ext.P5 order dated 11/12/2014 in I.A.No.892/2014 in O.P.No.156/2014 of the Family Court, Muvattupuzha, with the following prayers:
“i) call for the records leading to Exts.P1 to P5 and peruse the same;
ii) set aside the order passed by the learned Family Court Judge, Muvattupuzha, in I.A.No.892/2014 in G.O.P.No.156/2014 dated 11/12/2014;
iii) declare that the petitioner is entitled to the custody of the minor child Aadiya Ann Philjo Philips during the first half of the X' Mas holidays from 24/12/2014 to 29/12/2014;
iv) issue such other appropriate order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and
v) award costs.”
2. We heard Smt. Sumathi Dandapani, learned senior counsel for the petitioner and Advocate Sri.
N.J. Mathews, who entered appearance today for the respondent.
3. The petitioner herein is the legally wedded wife of the respondent and their marriage was solemnized on 9/5/2009 at Good Shepered Church, Kottayam, in accordance with the Christian Malankara Catholic rites, custom and ceremonies and in their wed-lock a female baby was born. But, due to the difference of opinion occurred subsequently, the matrimonial relationship got strained which resulted in frequent legal battle between the father and mother of the ward. As part of such litigation, the respondent herein preferred Guardian O.P.No.156/ 2014 before the Family Court, Movattupuzha, under Secs.7, 10 and 17 of the Guardians and Wards Act, 1890 and Sec.7(1) Explanations (d) and (g) of the Family Courts Act, 1984, to declare himself as the guardian of the said ward and for the custody of his daughter.
4. As per an earlier interim order passed by the court below, the custody of the child is continuing with the petitioner herein. That being the position, as per Ext.P5 impugned order dated 11/12/2014, the learned Judge of the Family Court made a special arrangement and thereby the petitioner herein is directed to handover the child from her house at 10 a.m. on 24/12/2014 to the respondent herein, who, in turn, is directed to hand over the child back to the petitioner herein at her residence at 4 p.m. on 4/1/2015. It is the above special arrangement by way of Ext.P5 order is under challenge.
5. Having regard to the facts and circumstances involved in this case, especially when the main Original Petition is pending before the Family Court, Muvattupuzha, we are of the view that we need not retain this Original Petition in the files of this Court and the same can be disposed of by making some change in the order, especially when Ext.P5 order is only in respect of the ensuing X' Mas holidays for the child.
In the result, this Original Petition is disposed of by directing the respondent herein to hand over the child to the petitioner at 10 a.m. on 22/12/2014 at the house of the petitioner and she is permitted to retain the child till 2.30 p.m. on 25/12/2014 and thereafter, she is directed to hand over the child to the respondent herein till at 4 p.m. on 4/1/2015 and he is free to collect the child at 2.30 p.m. on 25/12/2014 from the house of the petitioner and thereafter, he shall hand over the child to the petitioner herein at 4 p.m. on 4/1/2015. at her house.
Sd/-
(V.K. MOHANAN, JUDGE) Sd/-
(K. HARILAL, JUDGE) Nan/ //true copy// P.S. to Judge