The paramount consideration in child custody cases is the welfare of the child, not merely parental affection, necessitating a conducive environment for their emotional and physical well-being.

JUDGMENT :

Mehta, J.

1. Heard.

2. Leave granted.

3. The appellant¹[Hereinafter, being referred to as ‘appellant-mother’] and the respondent²[Hereinafter, being referred to as ‘respondent-father’], who are both highly qualified professionals, tied the knot in the year 2014. From their wedlock, two children were born-the first being the daughter, on 23.07.2016, and the second being the son, on 05.07.2022. The custody of the children is the subject matter of the present lis.

4. We are informed that at present, the appellant- mother is employed in an IT company which allows her to work from home. The respondent-father is reportedly, working as a General Manager in a construction company at Singapore. It seems that the spouses faced marital discord in the year 2017 and accordingly, both started living separately with occasional attempts at restoring the matrimonial ties. In one of these attempts at reconciliation in the year 2021, the appellant again conceived and gave birth to the son, who is presently about three years of age.

5. The appellant-mother felt a threat perception that the respondent-father may try to forcibly remove the children from her custody. Thus, in June, 2024, she filed an original petition, bearing O.P. (G&W) No. 1185 of 2024, seeking permanent custody of the children under the provisions of the Guardians and Wards Act, 1890 in the Family Court, Thiruvananthapuram³[Hereinafter, being referred to as ‘Family Court’]. The said proceedings are still pending final adjudication.

6. The Family Court passed an order dated 7th June, 2024, restraining the respondent-father from forcibly removing the minor children from the custody of the appellant-mother.

7. On 22nd July, 2024, the respondent-father filed an application, bearing I.A. No. 02 of 2024, seeking interim custody/visitation rights of the children in the custody proceedings instituted by the appellant-mother. The Family Court vide order dated 7th October, 2024, granted visitation rights to the respondent-father, permitting him to visit and interact with the children from 10:00 a.m. to 01:30 p.m. on the second Saturday of every month at the Court premises. The respondent- father was also permitted to interact with the children via video calls from 07:00 p.m. to 07:20 p.m. (IST) on all Saturdays except second Saturday.

8. On 4th November, 2024, the respondent-father preferred an Original Petition under Article 227 of the Constitution of India, bearing OP (FC) No. 682 of 2024, assailing the order dated 7th October, 2024 before the High Court of Kerala at Ernakulam⁴[Hereinafter, being referred to as the ‘High Court’]. The said petition came to be decided by the Division Bench of the High Court vide order dated 11th December, 2024, providing interim custody of the children to the respondent-father on the terms indicated below: -

“8. Considering the fact that the father also needs the custody of the children to have bonding with them till they attain the age of 18 years, we would not keep the father away from the interim custody of the children, as the children require the care and custody of both the spouses/ parents. Accordingly, we grant fifteen (15) days of custody to each in a month till the disposal of the O.P pertaining to permanent custody with the following conditions:

1. Husband shall file an undertaking regarding taking of the flat on rent bearing No.5A SFS, City space, Thiruvananthapuram, which is fully furnished as well and with regard to the engagement of a Nanny within a period of one week from today.

2. He will also make arrangement of the vehicle for commutation of the children for drop on and drop off ie., to and from the flat and the school or another place.

3. He will not take the children away to Thrissur. He is at liberty to bring his mother to Thiruvananthapuram without the permission of this court.

4. He will ensure that the children are taken care healthy and congenial environment and there is no lacking in it.

9. We have been informed that every year there