ERNAKULAM v. GHALIB MOIDEEN

The first order of the learned Family Court, namely that in I.A.No.4025/2022, has been produced as Ext.P1, in which, the respondent-father of the child has been allowed to have his interim custody every second Saturday from 10.30 A.M., till 4 P.M. on the ensuing Sunday; and from 10.30 A.M., till 4 P.M. on third Saturdays. The place of exchange has been shown, in the said order, to be the premises of the Court.

3. On the imputation that the child is unwilling to go to the father for overnight stay, the petitioner filed I.A.No.17/2024 seeking modification of the earlier mentioned order, but which OP(FC) 153/25 3 has now been dismissed by the learned Family Court. This order, producing it as Ext.P5, has been assailed by the petitioner on various grounds.

4. Before we move forward, we must record that, on

24.03.2025, when this matter was earlier considered by us, both sides offered to be present along with the child today.

5. The parties were so present and we interacted with the child rather extensively.

6. We must say that the child exhibited no ill-will or lack of affection towards his father and recounted certain instances in the past where he spent time with him. We did not see any objection from him to be in the company of his father, though he seemed to be under pressure on account of the circumstances in which his parents are fighting with each other for his custody.

7. We thereupon had an interaction with the parents and the petitioner-mother reiterated that she is not against the arrangement in Ext.P1 order; but that she is only concerned that OP(FC) 153/25 4 her son cannot be forced for an overnight stay with his father if he is not willing to do so.

8. As we have said above, the child did not express any reservation even before us to be with his father overnight on Saturdays as allowed in Ext.P1; and are, therefore, of the view that what the mother has expressed before us is an apprehension that she may have obtained on account of the strife she is going through with her now divorced husband.

9. That said, however, we are unhappy that the place of exchange of the child for the purpose of Ext.P1 should be the Court premises, because it is our experience that children abhor going to such and in being paraded in front of lawyers and other litigants. We, therefore, put it to the parties whether they can suggest any other place and both of them agreed that the venue of exchange of the child hereinafter can be in front of the ‘Changampuzha Park’, Edappally, Eranakulam. In the afore circumstances, we dispose of this Original OP(FC) 153/25 5 Petition, confirming Ext.P1; however, modifying it to the limited extent that the place of exchange of the child, for the purpose of the arrangement therein, shall be in front of the gate of the ‘Chamgampuzha Park’ on the National Highway at Edappally. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B. SNEHALATHA JUDGE RR OP(FC) 153/25 6 APPENDIX OF OP (FC) 153/2025 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P6 Exhibit P7 Exhibit P8 THE TRUE COPY OF THE ORDER IN I.A. NO. 4025/2022 IN O.P.NO. 1858/2022 DATED 15.10.2022 THE TRUE COPY OF THE I.A. 17/2024 IN I.A.NO. 4025/2022 IN O.P.NO. 1858/2022 FILED BY THE PETITIONER SEEKING MODIFICATION OF EXT-P1 ORDER BEFORE THE FAMILY COURT, ERNAKULAM DATED 06.11.2024 THE TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT TO EXT-P2 APPLICATION BEFORE THE FAMILY COURT, ERNAKULAM DATED 30.11.2024 THE TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT TO I.A. NO. 14/2024 BEFORE THE FAMILY COURT, ERNAKULAM DATED 03.08.2024 THE TRUE COPY OF THE INTERLOCUTORY APPLICATION IN I.A.NO. 21/2025 IN O.P 1858/2022 FILED BY THE RESPONDENT DATED 10.03.2025 TRUE COPY OF THE ORIGINAL PETITION NO.1858/2022 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, ERNAKULAM DATED 01.07.2022 TRUE COPY OF THE INTERLOCUTORY APPLICATION TO CHRISTMAS CUSTODY PETITION 2024 IN I.A.NO. 19/2024 IN O.P.NO.1858/2022 FILED BY THE RESPONDENT DATED 04.12.2024 Exhibit P9 TRUE COPY OF THE INTERLOCUTORY APPLICATION TO ONAM CUSTODY PETITION IN I.A.NO. 14/2024 IN O.P.NO.1858/2022 OP(FC) 153/25 7 Exhibit P10 Exhibit P11 RESPONDENT EXHIBITS Exhibit R1(a) Exhibit R1(b) Exhibit R1(c) FILED BY THE RESPONDENT DATED 17.08.2024 TRUE COPY OF THE COUNTER AFFIDAVIT FILE BY THE PETITIONER IN I.A. 19/2024 IN O.P. 1858/2022 DATED 10.11.2024 TRUE COPY OF THE INTERLOCUTORY APPLICATION TO INTERIM CUSTODY OF THE MINOR SON IN I.A.NO. 4025/2022 IN O.P.NO.1858/2022 FILED BY THE RESPONDENT DATED 01.07.2022 A True Copy of order dated 17/11/2022 in CMP No. 713/2022 on the files of the Honourable Additional District and Sessions Court (for the Trial of Cases Relating to Atrocities and Sexual Violence against Women and Children), Ernakulam A true copy of the order dated 07/12/2023 in B. A. No. 6010/2023 on the files of the Honourable High Court of Kerala A true copy of the photograph taken at the residence of the Respondent on 16/03/2025 while the minor child was with the Respondent