Custody arrangements must prioritize the child's welfare and educational needs, ensuring both parents contribute to the child's upbringing.

ORAL ORDER

These two writ petitions – W.P. No.5229/2025 and W.P. No.5271/2025 are filed by the petitioner – father against the respondent – ‘mother of the minor child Master Maurya’ aggrieved by the common order dated 24.01.2025 passed on I.A. No.6 and I.A. No.7 respectively.

2. For the sake of convenience, the parties shall be referred to as ‘father’ and ‘mother’.

3. By the impugned order dated 24.01.2025, the Family Court allowed I.A. Nos.6 and 7 and granted week-end custody of the minor child– Master Maurya to the mother from Friday after school timings till Sunday evening - 7.00 p.m. and further granted custody of the minor child to the mother for 50% of all school vacations i.e., Dasara, Deepavali, Summer and Christmas vacations and remaining 50% to the father.

4. I have heard learned senior counsel – Sri Sreevatsa .S on behalf of learned counsel – Smt. G.K. Bhavana for the petitioner as well as respondent – Smt. Shwetha D. Rao – party-in-person.

5. It is the vehement contention of learned counsel for the petitioner – father that the impugned order passed by the Family Court is bad in law as the custody of the minor child granted to the mother of 50% of all school vacations and the same is not appropriate considering the present state of the minor child. It is also contended that the Family Court erred in granting week-end custody rights from Friday after school timings till Sunday 7.00 p.m. It is contended that presently the minor child is going to 4^th standard and attending tuition classes from Monday to Friday and if the week-end custody of the minor child is given to the mother from Friday, the minor child cannot attend the tuition classes on Friday evening, as a result studies get disrupted, due to which child cannot score well in the academics. For improvement in academic performance, consistent coaching is very much essential and the week-end custody granted to the mother will hamper the academic performance of the child.

5.1 It is further contention of learned counsel for the petitioner that the minor child is not comfortable with the mother and due to the harassment meted out to the minor child by the mother, the child is not inclined to spend time with the mother and wants to spend time with the father. The Family Court erred in not ascertaining the preference of the child before granting custody rights to the mother.

5.2 It is further contended that though this Court remanded the matter to the Family Court to interact with the minor child to take an opinion, the same was not done except for a mere formality. No specific question has been asked by the learned Judge during such interaction, therefore the order of this Court is not compiled in the true sense.

5.3. Learned counsel further submits that the petitioner – father is ready to part 50% of vacation from May onwards rather than April so that the child can attend the tuition classes in April. Learned counsel further contends that the minor child has passion towards ‘football’ and the child wants to practise ‘football’ and pursue it as his career. Father is taking the minor child for practise of football game, which gets disturbed if the child is given to the mother.

5.4. Under these circumstances, learned counsel for the petitioner seeks to set aside the impugned order passed by the Family Court and to grant week-end custody of the minor child only from Saturday morning to Sunday evening and so also mother may be granted custody of minor child for 50% of school vacations from May-2025 onwards rather than April- 2025.

6. Per contra, respondent – party-in-person contends that the minor child was living alongwith the respondent till November-2023 and till then, the minor child was performing well in academics. She further contends that the mother cannot be alienated from the love and affection of the child and the child should get love and affection of both the parents for proper development and growth. She contends that the tuitions on Saturday can be adjusted and she w