Mohanan, J.
The mother of the child, namely Muhammed Shibin, preferred this original petition under Article 227 of the Constitution of India, aggrieved by the order dated 5/9/2014 in I.A. No.881/14 in O.P.No.384/14 of Family Court, Tirur, by which the Family Court granted interim custody of the child to the respondent herein, who is none other than the father of the child, for one day.
2. Heard counsel for the petitioner as well as the respondent.
3. As per the rival contentions advanced by the counsel for the petitioner as well as the respondent, and as per the order impugned, it is crystal clear that the petitioner herein is the mother of the said ward, namely Muhammed Shibin, and the respondent is his father. The respondent herein approached the Family Court by filing O.P.No.384/14 under Section 25 of the Guardian & Wards Act, Section 7(1) Explanation (g) of the Family Courts Act and Section 151 of the Code of Civil Procedure, for interim custody of the child and initially he approached the court below for permanent custody and for declaring the respondent herein as the lawful guardian of the said child. After hearing both parties, the learned Family Court, considering the welfare of the child, allowed the respondent herein to have the interim custody of the child for one day in a week without affecting school education of the child and, accordingly, the above I.A. No.881/14 is allowed and the petitioner herein, who is the respondent therein, is directed to hand over custody of the minor child to his father, the respondent herein, on every Saturday in between 10 a.m. and 11 a.m. from the Family Court and the father of the child is directed to entrust back the child to the mother, the petitioner herein, between 10 a.m. and 11 a.m. in that court on Sundays. It is the above order challenged in this petition.
4. Having regard to the facts and circumstances involved in this case, we find no illegality in the order of the Family Court, which is impugned in the above original petition. The main grievance projected by the counsel appearing for the petitioner is that overstay with the respondent, who had married another lady, will affect the mental status of the ward. The impugned order was passed as early as on 5/9/2014 and the petitioner herein had complied with the said order and so far nothing brought to the notice of this Court, which goes against the mental status or health of the ward. The main O.P. is pending before the Family Court, Tirur, for consideration. If that be so, we are of the view that the petitioner can be relegated to the court below and if there is anything abnormal in the mental health of the ward, the same can be brought to the notice of the Family Court by filing a separate petition and it is for that court to consider the same on merit, especially when the main O.P. is pending before that court.
5. In the result, this original petition is disposed of relegating the petitioner to approach the Family Court, Tirur, by filing a separate petition, if she is so advised, in case, if the child shows any abnormalities in his mental status because of the order of the Family Court, and the Family Court is directed to consider such application, if any filed, and dispose the same on merit. It is open to the learned Judge of the Family Court, in case such a petition is filed, to ascertain the mental status of the child and to interact with the child, for taking a proper decision.
This original petition is disposed of as above.
Sd/-
(V.K.MOHANAN, JUDGE)
Sd/-
(K.HARILAL, JUDGE)
okb.