Timely resolution of custody matters is essential for the child's welfare, and interim visitation rights should be granted to ensure the child's mental well-being.

ORDER :

The present petition has been filed by the petitioner who is the wife of respondent no.2 and mother of a minor child who is presently residing with the father-respondent no.2.

2. Learned counsel for the petitioner submits that the petitioner had filed an application for interim custody of the child, in a case of custody filed by respondent no.2 before the trial court, which is pending and by way of an interim arrangement, the petitioner was allowed to meet her son twice a month on every first and third Saturday between 11:00 a.m. to 03:00 p.m. at the Mediation Centre of the court.

3. Being aggrieved, the petitioner had moved before the High Court and the High Court vide impugned order dated 11.11.2024 had modified the visiting time from twice a month to once in a week between 11:00 a.m. to 04:00 p.m. and also directed trial court to conclude the application for interim custody within a period of two months. But inspite of High Court’s direction to conclude the matter within a period of two months, application is still lying pending. Being aggrieved, the petitioner has moved before this Court.

4. However, it is stated by learned counsel for the petitioner that the Court may direct the trial court to finally decide the application of interim custody of the child filed by the petitioner within a short period and in the meantime, more visitation rights be granted so that, the child can at least be brought to a mental framework where he has to be weaned out of the influence of the father under whose custody he is presently living.

5. Learned counsel for the respondents submits that the main petition itself is still pending before the trial court and thus, the reason for moving before this Court does not appear to be bonafide.

6. Be that as it may, for the ends of justice and having considered the matter in its entirety, we are inclined to pass the following orders:-

(i) The trial court is directed to hear and consider the application filed by the petitioner with regard to interim custody of her child expeditiously and latest within a period of two months from today.

(ii) As we have been informed that both the parties reside in the same city, respondent no.2 is directed to take the child to the residence of petitioner-mother at 11:00 a.m. on every Friday and then, take back the child on Sunday at 06:00 p.m. The arrangement shall continue till the application for interim custody is finally decided by the trial court within the time period fixed above i.e., two months from today.

7. We make it clear that neither we have expressed any opinion nor we have gone into the merits of the matter.

8. Accordingly, the petition stands disposed of in the aforementioned terms.

9. Pending application(s), if any, shall also stand disposed of.