Custody arrangements must prioritize the child's welfare and ensure compliance with court orders while allowing parties to present their concerns adequately.

J U D G M E N T

A.Muhamed Mustaque, J.

This original petition is related to disobedience of a decree, to give custody of the minor child to the mother. The proceedings regarding custody of the minor child have been concluded, based on the orders of the Family Court and this Court, and as affirmed by the Apex Court. However, the mother was not given custody. She moved a petition before the Family Court as I.A No.12 of 2022. Since repeatedly the father failed to produce the child before the Family Court, the Family Court ordered his arrest. Accordingly, he was arrested and put in civil prison. Thereafter he was released, based on the orders of this Court, and on production of the child before the Family Court.

2. According to the petitioner/father, the child is having animosity to his mother and he does not want to be in the company of the mother. We directed the Family Court to interact with the child and to file a report. The Family Court filed a report. In the report, it is stated as follows:

“....Before disposing of the above OP, the minor was produced before me and I recollect the pleasant conduct of the child at that time. Today the minor was extremely ill-mannered in the open court. It appears that he is well tutored or rather subjected to severe brain washing by the petitioner/father. After my interaction with the child, he was sent back along with the petitioner...”.

3. We have impleaded the Child Welfare Committee (CWC), Thrissur in the party array and directed the CWC to give counselling to the child. Thereafter a report was submitted before this Court by the CWC. In the report dated 22.06.2022, it is stated as follows:

As per the direction of Hon'ble High Court of Kerala, the committee instructed District Child Protection Officer, Thrissur to take the child to a psychotherapist for evaluation of the child and to find out the reason, if any, for his resistance to live with his mother, and file report along with the psychotherapist report.

On 18/06/2022 clinical psychologist report of the child was submitted before the committee by District Child Protection Officer, Thrissur and child says that "pls help me mom I want to stay with my father because my mother is beating me when I say I love my father and my mother's mother is saying that I am coming there to kill her so that's why I am not going there don't give me to the mother she will kill me by torturing I am not safe there Kindly do the needful”

On 22/06/2022, the District Child Protection Officer, Thrissur submitted the letter of the Principal, C o-operative Public School, Padukkad P.O, Viyur, Thrissur, and it states that "Rishabh P. Ralith of VII A who completed the admission procedures in our school on 08.06.2022 and started attending classes on

13/06/2022”.

4. This Court, as per the order dated 29.06.2022, again directed the CWC to arrange a counselling and psychotherapy for the child. Thereafter psychotherapy was given for the child and a report has been submitted before this Court on 18.07.2022 by the Chairperson of the Child Welfare Committee.

In the report, it is stated as follows:

Master Rishabh P Ralith 12 years old boy neatly dressed and well combed. Attention could be aroused and sustained. Rapport could be established with difficulty. He comprehend instructions adequately but not willing to talk in front of mother. He tells that mother used to beat and pinch him for minor reason. Such as just saying 'bye bye, to father. He feels that he is not safe with mother because mother used to be with mobile phone most of the time and used to get anger for silly things. During the session he always insisting that he don't want to go with mother. He wants to stay with father and he tells that please don't give much pressure to come over here.

On psychometry it is evident that he has above average intellectual functioning and on mental status examination no major psychopathology is evident. Since he is not ready for any -psychological counselling sessions we are not planning f