In custody disputes, the child's welfare is paramount, necessitating active involvement and contact with both parents to ensure emotional and psychological stability.

J U D G M E N T

Ajithkumar, J The Mother of minor girl Ishaani Sarah Alwin aged 2 years, is the petitioner. She challenges Ext.P4, the order dated 29.09.2022 of the Family Court, Ernakulam in I.A.No.4998 of

2022 in G.O.P No.2336 of 2022.

2. On 14.10.2022, notice on admission was directed to be served on the respondents who are the father and grandparents of the child. An order of interim stay till 20.10.2022 was granted. The respondents entered appearance through counsel. The 1st respondent has filed a counter affidavit controverting the allegations of the petitioner.

3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

4. G.O.P No.2336 of 2022 was filed before the Family Court, Ernakulam for the custody of the child alleging that following the marital discord between the petitioner and the 1st respondent she was kicked out of the marital home on 13.08.2022 without allowing her to take the breastfeeding child along with her. It was further alleged that the respondents illegally retained custody of the child, and therefore the petitioner had to approach the police and the Child Welfare Committee, Ernakulam. She also filed W.P(Crl.) No.738 of 2022 before this Court requesting to evoke Habeas Corpus jurisdiction, but she could not get custody of the child. In G.O.P No.2336 of 2022 also no effective steps were taken to restore the custody of the child to the petitioner. Pointing out the said circumstances, the petitioner approached this Court by filing O.P (FC) No.488 of 2022. That O.P was disposed of by this Court on 27.09.2022 with the following directions:

“The Family Court, Ernakulam to list Ext.P5 (I.A.No.4998 of 2022 in G.O.P No.2336 of 2022) for consideration on 29.09.2022. Both parties along with the child shall be present before the Family Court, Ernakulam on that day. The Family Court will pass an order regarding interim custody of the child Ishaani Sarah Alwin on the said day or on 30.09.2022.”

5. Pursuant to the said direction, the Family Court considered the matter. Both parties appeared before the Family Court together with the child. The Family Court noticed that the child was interacting with both the mother and the father. After hearing both sides and considering the materials on record, the Family Court issued the following directions regarding interim custody of the child as per the impugned order:

1) The Petitioner/Mother shall give interim custody of the minor child Ishaani Sarah Alwin to the first respondent/Father from 10.30 am on all 2nd Saturdays till 4 pm on ensuing Sundays. The handing over and taking back custody of the child will be in the premises of the Family Court, Ettumanoor.

2) The Petitioner/Mother shall give interim custody of the minor child Ishaani Sarah Alwin to the first Respondent/Father from 10.30 am to 4 pm on all Sundays except Second Sundays, in the premises of the Family Court, Ettumanoor.

3) The first Respondent/Father is permitted to interact with the minor child through video call between 6.30 pm and 7 pm on all Wednesdays.

6. The learned counsel appearing for the petitioner would submit that when the child was given in custody of the respondents, at the premises of the Family Court, not only the respondents, but a few others also interacted with the child whereupon it got tired and exhausted. No doubt, such things resulting in stress and strain to the child should not have happened. It is further contended that the only holiday available to the petitioner is Sunday and when she has to take the child to the Family Court for giving custody to the 1st respondent, it causes much inconvenience to her.

7. While disposing of O.P(FC) No.488 of 2022, this Court directed the Family Court to decide the interim custody of the child bearing in mind the principle laid down by the Apex court in Yashita Sahu v. State of Rajasthan [(2020) 3 SCC

67].

8. In Yashita Sahu the Apex Court held that law is well settled by a catena of judgments that, while