JUDGMENT

Alka Sarin, J.

The present revision petition has been filed under Article 227 of the Constitution of India by the petitioner-father challenging the order dated 03.08.2022 passed by the Family Court directing the handing over the interim custody of the minor children to the respondent-mother.

2. The brief facts relevant to the present lis are that the parties to the lis were married on 22.02.2009. On 19.07.2010 a son was born who is now 12 years old and studying in 6th Class in St. Anne's Convent School, Sector 32, Chandigarh. On 12.06.2014 a daughter was born who is now 8 years old and studying in 2nd Class in the same school. The respondent-mother is stated to have left the matrimonial home in July 2020 leaving both the children. On 12.08.2020 an FIR No.0050 dated 12.08.2020 was lodged under Sections 323 , 406, 498-A of the INDIAN PENAL CODE , 1860 at Police Station Thanesar, District Kurukshetra against the petitioner-father and his father. Subsequently, CRWP-541-2021 was filed by the respondent-mother. However, the said petition was dismissed as withdrawn vide order dated 09.02.2021 granting liberty to the respondent-mother to approach the Family Court for grant of custody of the minor children. The petitioner-father herein was also directed to permit the respondent-mother herein to talk to the minor children by way of video calling facilities every Saturday for about ½ hour from 5:00 p.m. to 6:00 p.m. and to visit the minor children and take them for an outing between 10:00 a.m. to 2:00 p.m. every Sunday. It is the case set up by the respondent-mother that in view of non-compliance of the order dated 09.02.2021, a contempt petition (COCP-1639-2021) was filed by her and vide order dated 10.12.2021 this Court had ordered that the respondent-mother may visit the children at House No.3307, Sector 21-D, Chandigarh every Sunday between 10:00 a.m. to 2:00 p.m. On 11.01.2022 the respondent-mother filed a petition under Sections 7 , 10, 12, 17 and 25 of the Guardians and Wards Act, 1890 (in short the 1890 Act') for custody of the minor children. Along with the said petition, an application was filed under Section 12 of the 1890 Act for interim custody. Reply was filed to the said application by the petitioner-father. Vide the impugned order dated 03.08.2022, the said application was allowed and the petitioner-father was directed to hand over the custody of the minor children to the respondent-mother. The petitioner-father was, however, given visitation rights to meet the children on every Sunday from 10:00 a.m. to 2:00 p.m. It was also directed that the respondent-mother shall arrange for accommodation at Chandigarh so that the education of the minor children does not suffer.

3. The matter came up before this Court on 16.08.2022 and the operation of the impugned order was stayed and the parties were directed to remain present in Court on the next date of hearing. Vide order dated 20.09.2022 Dr. Garima Sharma, Counsellor, was appointed as Amicus Curiae to interact with the children and to assess them. It was reported by the Counsellor that the minor boy seemed to be under pressure and was maintaining no eye contact. There was no clarity of thought. Further, he could not recall any pleasant memories with his father. Regarding the minor girl, it was reported that she was also unable to maintain eye contact. It was observed that there was a communication gap between the mother and the daughter and that the child was not able to express herself freely and was quiet and reserved. This Court made several efforts to try and ensure that the respondent-mother is able to spend some quality time with the children so that the gap between the mother and the children, which had crept in since the respondent-mother had left the matrimonial home, could be bridged. However, all efforts to try and get the children to spend some quality time with the mother failed inasmuch as the children were unable to interact with the respondent-mother and