The court upheld the principle of prioritizing the minor child's welfare in custody matters, reflecting the importance of maternal involvement during early childhood.

J U D G M E N T

C.S.Sudha, J.

This original petition under Article 227 of the Constitution of India has been filed by the petitioner/mother against the order dated 23/06/2023 in I.A.No.2/2023 in G.O.P.No.486/2023 on the file of the Family Court, Irinjalakuda. I.A.No.2/2023 was filed seeking interim custody of the minor daughter of the petitioner, namely Abhiya Rose, aged 5 years. Respondents 1 to 4 herein, the mother-in-law, sister-in-law, brother-in-law and husband respectively of the petitioner, are the respondents in the I.A. The parties are referred to as described in I.A.No.2/2023.

2. The marriage of petitioner and the 4th respondent was solemnized on 15/08/2016 as per the rites and custom of the community to which they belong. On 29/04/2017, a girl child was born to them. According to the petitioner/mother, while she was in her matrimonial home, she was constantly and regularly harassed, both physically and mentally, by respondents 1 and 4. This harassment continued all through out her stay in her husband's family. Finally on 11/02/2023, respondents 1 to 3 drove her out of her matrimonial home. Hence, she is now residing with her parents. However, the respondents are not permitting her to meet her young daughter. Hence in the GOP seeking permanent custody, I.A.No.2 of 2023 was moved seeking interim custody of the minor child.

3. The fourth respondent/father filed objection denying the allegations of physical and mental harassment of the petitioner. According to him there was no marital issue or dispute with his wife. All issues started when petitioner's brother molested his young daughter while his wife and child were at her parents' residence. The marital discord started after the said incident. The rift with the petitioner became even more severe when the attempt of the petitioner was to save her brother from the criminal case initiated against him for molesting the young child. Taking into account the welfare of the child, the contention of the respondent is that the prayer for permanent or interim custody of the child to the petitioner cannot be allowed.

4. The learned trial judge as per Ext.P5 order dated 31/03/2023, granted interim custody to the petitioner/mother from 10:00 a.m to 12:30 p.m. on alternate days. The petitioner's brother was directed not to accompany her. Thereafter, Ext.P5 order was modified as per Ext.P8 order dated 23/06/2023 which reads thus-

“As school reopened, earlier arrangement modified and custody given on Sundays at the same time. Counter and hearing-09.08.2023.”

Aggrieved, the petitioner/mother has come up before us.

5. We heard both sides. The girl child is admittedly five years old. Therefore, she does require the care and protection of her mother. On our query, it was submitted by the learned counsel for the petitioner/mother that the paternal uncle of the child, i.e., the brother of the petitioner, is staying about 10 kms away from the residence of the petitioner. In such circumstances, taking into account the tender age of the girl child, we direct interim custody to be given to the petitioner, who shall see to that the child does not in any way come in the company or presence of her brother. The fourth respondent/father will have the right to take the child every Saturdays and Sundays and return the child by 06:00 p.m. on Sundays.

The original petition is disposed of accordingly.

Sd/-

AMIT RAWAL JUDGE Sd/-

C.S.SUDHA JUDGE ami/

APPENDIX OF OP (FC) 458/2023 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE PETITION DATED

14.03.2023 IN O.S 127/2023 BEFORE THE HON'BLE MUNSIF COURT, CHALAKKUDY Exhibit P2 THE COPY OF THE ORDER DATED 05.05.2023 IN BA 3044/2023 Exhibit P3 THE TRUE COPY OF THE PETITION DATED MARCH 2023 IN GOP 486/2023, FAMILY COURT OF IRINJALAKUDA Exhibit P4 THE CERTIFIED COPY OF THE PETITION DATED

28.03.2023 ALONG WITH THE AFFIDAVIT IN IA 2/2023 IN GOP 486/2023 IS FILED IN THE FAMILY COURT OF IRINJALAKUDA Exhibit P5 THE COPY OF THE INTERIM ORDER DATED

31.03.2023 IN IA 2/2023 IN GOP 486/202