JUDGMENT

Amit Rawal, J.

1. The present petition is directed against the order dated 08.02.2024 passed in I.A.No.2/2023 in GOP No.2489/2023.

2. Respondent – father instituted GOP NO.2489/2023 sought the appointment of guardianship of a boy aged five(5) years under Section 12 of the Guardians and Wards Act. During the pendency of the aforementioned GOP, I.A.No.2/2023 was filed for seeking overnight custody of the child, which was contested by the wife on the ground that the child is suffering from some ailments, but did not object to the day custody even during the vacations like Onam, Christmas etc. Learned Trial Court on the basis of the aforementioned pleadings vide order dated 08.02.2024 granted the interim custody to the father on Saturdays and Sundays and also first half of Onam, Christmas and summer vacations if residing at native place. Aggrieved of the order for overnight custody, present O.P on behalf of wife- mother of the child has been filed.

3. This Court vide order dated 21.02.2024 referred the parties for counselling before the Family Counselling Centre attached to this Court. We have received the report of the Family Counsellor. It is submitted that both husband and wife have not disputed with regard to the custody of the child except for overnight custody as the child is suffering from certain health problems though husband said that he is in capacity to lookafter the health conditions of the child. However, when the Counsellor spoke with the child independently, child suffered a statement that he would like to stay with mother.

In this view of the matter, we modify the order under challenge to the effect that visitorial right as granted shall be only for day time and not overnight custody. It is made clear that liberty is granted to the husband to seek the same relief as and when situation warrants.

This OP(FC) stands disposed off.

Sd/- AMIT RAWAL JUDGE Sd/- C.S. SUDHA JUDGE nak APPENDIX OF OP (FC) 116/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PETITION FOR PERMANENT CUSTODY OF MINOR VIHAN FILED BY THE RESPONDENTS HEREIN IN GOP NO. 2489/2023 PENDING BEFORE FAMILY COURT, KUNNAMKULAM DATED 05.12.2023 Exhibit P2 TRUE COPY OF THE PETITION FOR INTERIM CUSTODY OF MINOR BOY, I.A. NO. 2/2023 IN GOP NO. 2489/2023 ON THE FILE OF FAMILY COURT, KUNNAMKULAM DATED

05.12.2023 Exhibit P3 TRUE COPY OF THE OBJECTION DATED

2/2/2024 PREFERRED BY THE PETITIONER TO EXT.P2 PETITION Exhibit P4 TRUE COPY OF THE PROCEEDINGS SHEET OF 'A DIARY' OF THE FAMILY COURT, KUNNAMKULAM DATED 8/2/2024 Exhibit P5 TRUE COPY OF I.A. NO. 8/2024 DATED 12- 02-2024 IN I.A. 2/2023 IN GOP NO. 2489/2023, TO MODIFY ORDER PASSED IN EXHIBIT P4 A DIARY PREFERRED BY PETITIONER Exhibit P6 TRUE COPY OF PETITION FOR VIOLATION OF ORDER PASSED AS PER EXT.P4 A DIARY, FILED BY THE RESPONDENTS 1 TO 3 HEREINAS I.A. NO. 11/2024 IN I.A. NO. 2/2023 IN GOP NO. 2489/2023 DATED

12.02.2024 Exhibit P7 TRUE COPY OF THE COUNTER FILED BY THE PETITIONER TO EXHIBIT P6 PETITION DATED

12.02.2024 Exhibit P8 TRUE COPY OF THE DISCHARGE SUMMARY OF THE MINOR BOY VIHAN WITH IP NO.259043WITH DATE OF DISCHARGE 18.02.2024 ISSUED BY THE MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL MISSION HOSPITAL Exhibit P9 TRUE COPY OF THE DISCHARGE SUMMARY OF THE MINOR BOY VIHAN, DATED 25-02-2024 OF TRICHUR DISTRICT CO-OPERATIVE HOSPITAL Exhibit P10 TRUE COPY OF THE REPORT OF THE CLINICAL PSYCHOLOGIST OF TRICHUR DISTRICT CO- OPERATIVE HOSPITAL DATED 26-02-2024 Exhibit P11 TRUE COPY OF THE ORDER OF FAMILY COURT, KUNNAMKULAM DATED 8/2/2024 IN I.A NO.

2/2023 IN GOP NO. 2489/2023 Exhibit P12 TRUE COPY OF THE ORDER OF FAMILY COURT, KUNNAMKULAM DATED 15/2/2024 IN I.A NO. 11/2024 IN I.A NO. 2/2023 IN GOP NO.

2489/2023 Exhibit P13 TRUE COPY OF THE ORDER OF FAMILY COURT, KUNNAMKULAM 22.02.2024 IN I.A NO. 8/2024 IN I.A NO. 2/2024 IN GOP NO.

2489/2023