Custody decisions are centered on the welfare of the children, prioritizing safety and stability, and considering the ambiguous conduct of the mother.

ORAL ORDER

Aggrieved by the order passed in I.A.No.2 in G&WC.No.432/2022 dated 20.12.2024 by the Principal Judge, Family Court, Bengaluru, whereby the Family Court had directed the interim custody of the minor children to be continued with the father until further orders, the petitioner/mother is before this Court.

2. The parties are referred to as mother and father for the sake of convenience.

3. The father had filed G&WC.No.432/2022 to declare the father to be the sole legal guardian of the minor children, who are aged about 7 and 4 years and direct that the sole custody of the children be handed over to the father. The facts of the case are that the marriage between the petitioner and the respondent was solemnized on 04.09.2015 and in the wedlock, they are blessed with two children who is now aged 7 and 4 years. Due to the differences between the parties, the father had filed O.S.No.165/2020 seeking dissolution of the marriage and thereafter, the suit came to be compromised between the parties. As per the compromise, it was agreed that the mother will have the custody of both the children and the father shall have the visitation rights over the children twice in a week without supervision of the mother. A sum of Rs.2 crore was paid to the mother as permanent alimony and the father has given gold jewelry of 150 grams to the mother. It is stated that the mother did not allow the father to meet his children and she blocked him from all social media/communication. The father having no other option had filed execution in Ex.P.No.68/2024 before the Principal Judge, Family Court, Bengaluru, seeking execution of the order. It is stated that on 10.11.2024 at 04.00 p.m., the father received a phone call from the Sub-Inspector of Cottanpet Police Station who informed that the mother has abandoned the elder child near Kengeri Gateway Comforts lodge and asked the father to come to Cottanpet Police Station. The father immediately rushed to the Police Station and he saw his child who was left unattended for hours in a lodge by the mother and the Cottonpet Police had tried to contact the mother but she never responded. Thereafter, the Police handed over the child to the father and while going to home with the child, the father got another phone call at 6:30 p.m. from the constable of the Hoskote Police Station stating that the mother has come to the Police Station along with another child and requested the Police to call the father to take both children as she is unable to take care of them. Immediately, the father approached the Hoskote Police station, where he saw the mother with the younger child. When the father questioned the same, the mother told that she is unable to take care of the children and handed over the custody to the father in front of the Police. Then on 12.11.2024, the mother telephoned to the father from two different numbers and alleged that he has illegally taken away the children and also threatened that she will commit suicide. In those circumstances, the father had filed G&WC.No.432/2024.

4. The father had filed I.A.No.2 under Section 12 of the GUARDIANS AND WARDS ACT , 1890 read with Section 151 of CPC for interim custody of two children. After service of notice of the petition, the mother appeared before the Family Court. She had filed her objections stating that on 08.11.2024, the mother accompanied by the minor children arrived in India for attending personal matters and upon her arrival, she experienced sudden and sever asthma attack which necessitated her immediate hospitalization. As the mother was still sick, she informed the father to take care of the minor c