In custody disputes, the child's welfare must take precedence over the rights and technicalities concerning parental visitation.

JUDGMENT

P.G. Ajithkumar, J.

These Mat.Appeals and Original Petitions are filed by the respondent in O.P.No.1677 of 2021 on the file of the Family Court, Thrissur. The respondent has filed O.P.No.1677 of 2021, seeking custody of the girl child, Aaliyah Ali, aged 6½ years. The petitioner is the mother and the respondent is the father of the child. The father filed I.A.No.2 of 2021 seeking permission to interact with the child through WhatsApp, video call every day. He also filed I.A.No.3 of 2021 seeking a prohibitory injunction restraining the mother from removing the child from the jurisdiction of the Family Court. He subsequently filed I.A.No.5 of 2021 for giving him interim custody of the child. An order of temporary injunction was passed in I.A.No.3 of 2021. The Family Court also allowed the father to interact with the child through video call and allowed interim custody. Alleging that the mother has violated the order of injunction and the right of visitation, the father filed I.A.Nos.6 of 2021 and 10 of 2022 to initiate action for prosecution against the mother. The Family Court after considering the aforesaid interlocutory applications and hearing both sides, passed common order dated 28.12.2022, the operative portion of which reads as follows:-

“21. In the light of the above discussion, the above applications are disposed of as follows:

I.A.2/2021 and I.A.5/2021 are allowed as follows:

The petitioner is allowed to interact with the child on every day through WhatsApp video call or video conferencing between 7 p.m. and 7.30 p.m.

The petitioner is allowed to get interim custody of the minor from 10 a.m. on every 2^nd and 4^th Saturday till 4 p.m. on the following Sunday and also during the first 5 days of Onam and Christmas vacations and also on the date of Bakrid and Eid. The petitioner is further allowed to have interim custody of the minor child on the first half of April and May during the summer vacations.

I.A. 3/2021 is allowed as follows:

The interim order of injunction granted on 06.09.2021 is hereby made absolute and the respondent is prohibited from removing the minor Aliyah Ali from the jurisdiction of this court until further orders.

I.A.6/2021 and I.A.10/2022 are allowed as follows:

Both applications are hereby allowed and the respondent is directed to produce the minor before the court within one month failing which prosecution steps including detention in Civil Prison and attachment of properties, will be initiated against the respondent.”

2. The mother has filed O.P.(FC) No.15 of 2023 challenging the order in I.A.No.5 of 2021, O.P.(FC) No.18 of 2023 against the order in I.A.No.3 of 2021 and O.P.(FC) No.19 of 2023 against the order in I.A.No.2 of 2021. The mother also filed Mat.Appeal No.28 of 2023 against the order in I.A.No.10 of 2022 and Mat.Appeal No.30 of 2023 against the order in I.A.No.6 of 2021.

3. On 13.01.2023, when these matters came up for consideration, notice was ordered to be served on the respondent-father by the Special Messenger. He entered appearance through his learned counsel. After hearing both sides, this Court on 25.01.2023 passed the following order:

“The dispute between the petitioner and the respondent is regarding custody of their girl child aged 6½ years. On the application of the respondent, I.A.No.3 of 2021, the Family Court passed an order dated 06.09.2021 restraining the petitioner from removing the child from the jurisdiction of the Family Court. That order was duly served on the petitioner. There is an order of interim custody in I.A.No.5 of 2021, whereby visitation right and overnight custody during holidays is ordered to be given to the respondent. When the order of injunction has been violated, the respondent filed I.A.Nos.6 of 2021 and 10 of 2022 for initiating action against the petitioner which were allowed and the petitioner is directed to produce the child before the Court within one month. The petitioner challenges the said order in O.P.(FC) No.15 of 2023 and seeks an interi