The welfare of the child is paramount in custody matters, and both parents should have sufficient visitation rights to ensure continued contact with the child.

JUDGMENT :

Anil K. Narendran, J.

The petitioner, who is the respondent in O.P.No.1190 of 2019 on the file of the Family Court, Mavelikkara, has filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the Family Court, Mavelikkara to dispose of I.A.No.2 of 2022, as early as possible, to enable him to have interim custody of the minor child by name, ‘Salmanul Farisi’, aged 11 years and to have interim custody of the child during Christmas Holidays. The petitioner has also sought for an order directing the Family Court to hear I.A.Nos.501 and 502 of 2022 (R.P.No.12 of 2022) in OP(G&W) No.1190 of 2019, within a time frame to be fixed by this Court. OP(G&W) No.1190 of 2019 is one filed by the respondent herein-mother, seeking permanent custody of the minor child. In the said original petition, the Family Court passed Ext.P2 order dated 12.07.2021, whereby, she was permitted to continue with the custody of the minor child until further orders. Ext.P2 order is an ex-parte order. To set aside that order dated 12.07.2021 in OP(G&W) No.1190 of 2019, the petitioner filed I.A.No.501 of 2022. The said application was accompanied by I.A.No.502 of 2022 seeking an order to condone the delay on 173 days in filing the former application. During the pendency of those interlocutory applications, the petitioner herein-father filed I.A.No.2 of 2022, seeking interim custody of the minor child for the period referred to in that interlocutory application. Thereafter, the petitioner moved before this Court, seeking the aforesaid reliefs.

2. On 22.12.2022, when this original petition came up for admission, this Court issued notice on admission by special messenger to the respondent, returnable by 27.12.2022.

3. On 27.12.2022, Adv. S. Noushad, the learned counsel, took notice for the respondent, who sought time to file counter affidavit. This Court passed an order dated 27.12.2022. Paragraph 2 of that order reads thus;

''2. On a consideration of the pleadings and materials on record and the fact that Exts.P3, P4 and P6 applications are pending consideration before the Family Court and that the petitioner has come on short leave from abroad and has not see his son for the last more than three years, we direct the power of attorney holder of the respondent Sri.Abdul Rasheed-the custodian of the child, to produce the child named ‘Salmanul Farisi’ before this Court on 30.12.2022 at 10.15 A.M, to provide interim custody of the child to the petitioner during the day on 30.12.2022. The learned counsel for the respondent undertakes that the child would be produced on 30.12.2022.''

4. The said order was followed by the order dated 30.12.2022 which reads thus;

''Petitioner is the father of the minor male child, aged 11 years. O.P.(G&W) No.1190/2019 filed by the respondent is pending before the Family Court, Mavelikkara. The petitioner/father is employed in UAE. Availing leave from his employer, the petitioner has come back to his native place in Kerala to see his child. He filed an application as I.A.No.2/2022 seeking temporary custody of the child before the Family Court, but the same stands posted to 25.1.2023, on account of nonappearance of the respondent/mother. It is submitted that the petitioner has to leave India by the 10th of January, 2023. It is in such circumstances that the present Original Petition is filed.

2. As per order dated 27.12.2022, a Division Bench of this Court directed production of the child before us.

3. We have interacted with the child, the petitioner/ father and the maternal grandfather of the child, who is also holding the Power of Attorney of the respondent/mother.

4. Although the child initially expressed some reservation in going with his father, we understood that the child has got bonding with the father and that his reservation is in the context of an alleged drinking habit of the father. However, the maternal grandfather of the child exp