J U D G M E N T

A. MUHAMED MUSTAQUE , J.

This original petition is at the instance of the father impugning an order in an application for interim custody. In the wedlock with the respondent, 3 children were born. The eldest child is aged 12 years old. The second child is 6 years old and the 3rd child is 2 years old. Parties are living separately since the matrimonial dispute arose between them from 16.02.2021 onwards.

2. The children are with the father. The mother moved to the Family Court for permanent custody. In that, she filed an application for interim custody. Interim custody has been allowed by the Family Court reads as follows:

Therefore, I am inclined to allow the petitioner to have interim custody of minor Atniga and Atnav until further orders. Also the petitioner is allowed to have interim custody of the eldest child from 10 am on the 2nd Saturday till 5 pm on the following Sundays. On the other hand, the respondent is allowed to have interim custody of both the younger children from 10 am on the 4th Saturday till 5 pm on the following Sunday. By

exchanging custody in the above manner all the 3 children will get opportunity to interact with each other twice in a month.

3. As seen from the impugned order the eldest child has to have remained with the father and the youngest 2 children are to be with the mother. However, cyclic custody of the children has been also mentioned in the impugned order. We cannot approve this order for the simple reason that a division among the children should not happen for the custody between spouses. The three children have to be together with either of the spouses. The welfare of the children is paramount in such circumstances with reference to the bond to be created among the siblings and not by depriving such a bond.

4. The problem now is whom we have to give a custody in view of the separation between the spouses. Mother is accused to be involved in criminal cases. There appears to be FIR has been registered against her for engaging gundas. There are allegations of the illicit relationship of the mother with other persons. However, Family Court after adverting these allegations found that as of now there is no such threat to deprive mother having custody of the youngest children.

5. Mother is working in a Co-operative Bank as a Peon and she has to work from Monday to Saturday noon. Father is working as a School bus driver and also engaged in agricultural activity. Parties are present before us along with the children. When we interacted with the eldest child, he is found happy in his father's house as he is being taken care by parents of his father.

6. Taking note of the overall circumstances, we are of the view that the children have to be with father till Saturday noon and mother can have custody from Saturday 01.00 p.m. to the following Sunday 05.00 p.m. and during vacation the 1st half of the vacation will be with father and 2nd half will be with mother. This arrangement will continue till it is modified by the Family Court for any valid reason. We permit the parties to choose any place of their convenience to hand over the children. If they can't agree, children shall be handed over through the premises of Family Court, Thrissur.

The O.P.(F.C.) is disposed of accordingly.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE Sd/-

SOPHY THOMAS, JUDGE

AS

APPENDIX OF OP (FC) 524/2021 PETITIONER EXHIBITS:

Exhibit P1 A TRUE COPY OF THE PETITION/APPLICATION IN GOP NO 376/2021 ON THE FILES OF FAMILY COURT THRISSUR, FILED BY RESPONDENT Exhibit P2 A TRUE COPY OF THE PETITION/APPLICATION IN IA NO 02/2021 IN GOP NO 376/2021 ON THE FILES OF FAMILY COURT THRISSUR, FILED BY RESPONDENT Exhibit P3 TRUE COPY OF THE COUNTER FILED BY PETITIONER HEREIN TO IA NO 02/2021 IN GOP NO 376/2021 ON THE FILES OF FAMILY COURT THRISSUR Exhibit P4 CD CONTAINING THE RECORDED CONVERSATIONS FROM THE RESPONDENT'S PHONE Exhibit P5 TRUE COPY OF THE CERTIFIED COPY OF THE FIR IN CRIME NO 167/2021 OF NEDUPUZHA POLICE STATION Exhibit P6 A TRUE COPY OF T