The welfare of the child is the paramount consideration in deciding custody matters, and both parents are entitled to the custody of the child.

ORDER :

T. Amarnath Goud, J.

1. The prayer in this Contempt Case, instituted under Sections 10 to 12 of the Contempt Courts of Act, is as follows:

"For the reasons stated in accompanying affidavit, the petitioner herein prays that this Hon'ble Court may be pleased to hold the mother guilty of the contempt of the orders of the Hon'ble Court under Sections 10 to 12 of the Contempt of Courts Act and punish the mother for gross violation of the orders of the Hon'ble Court dated 13.12.2019 in CRP No. 1556/2019 and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case."

2. Petitioner and respondent are husband and wife respectively. Out of their wedlock they were blessed with a male child by name Agastya. Thereafter they are not in marital relation for several years and are staying separately.

3. The main lis involved in this case is with regard to custody of the minor boy by name Agasthya aged about 6 years, to be shared by both the parents. The petitioner is father and the respondent is mother of the child respectively in this Contempt Case. For the sake of convenience the parties to these proceedings will hereinafter be referred to as 'father', 'mother' and 'child'.

4. Originally the matter is pending before the Family Court, City Civil Court, Secunderabad viz., O.P. No. 367 of 2018 wherein the father filed I.A. No. 470 of 2019 in which child custody was granted in favour of the father directing the mother to produce the child before the Court at 4.45 PM on every day of custody in order to enable the Court to examine the minor child and also directed the father herein to take custody of the child from the Court daily from 07.6.2019 till 11.6.2019 at 5.00 PM, by order dated 06.6.2019. Aggrieved thereby the mother filed Civil Revision Petition No. 1556 of 2019 seeking to set aside the order passed by the Family Court. By order dated 01.10.2019, this Court dismissed the CRP and further directed the parties to file appropriate applications seeking custody or visitation rights with the child as and when required, and on such applications made, the trial Court shall pass appropriate orders thereon as per law without any delay. The mother filed I.A. Nos. 2, 5 of 2019 praying the Court to set aside the order dated 01.10.2019 passed in the Civil Revision Petition and restore the CRP to file and review the said order. However, the father filed I.A. No. 6 of 2019 to review the orders dated 01.10.2019 in CRP No 1556 of 2019 and shift the custody of the child to the petitioner father and further direct the Family Court to give priority to the IAs and dispose of them in time bound manner. By common order dated 13.12.2019, this Court disposed of all the IAs as follows:

"Custody of the child shall be with the father and mother as follows:

(i) Sunday evening 4.00 PM onwards till Friday morning, the father will have the custody of the child,

(ii) The mother will pick up the child from the school on Friday and will hand over the custody of the child to the father post lunch on Sunday at 4.00 PM.

This arrangement shall be for first three weeks in every month and for the remaining weeks, father shall have the custody of the child in order to spend time with the child in the last week ends.

(iii) From January, 2020 onwards, in all vacations, child custody shall be shared equally by both parents;

(iv) If mutually agreed, both the parties are at liberty to take the child together to any place of his choice during vacation or on any other day.

This arrangement is made in view of the child being away from the father for almost a year and for the past two years, he was given custody for only 43 days.

This arrangement is made till the end of summer vacation. Thereafter, the parents are at liberty to take appropriate steps before the Family Court in the event of any modification of having the custody of the child.

With the above observations, I.A. No. 2 of 2019 is dismissed, I.A. Nos. 5 and 6 of 2019 are closed and the