The court emphasized the importance of a child's emotional well-being in custody decisions, advocating for a gradual reintroduction to the parent.

JUDGMENT

[ Mat.Appeal.728/2020 & Mat.Appeal.812/2020 ]

Dated this the 10th day of March 2021 These appeals arise from the judgment in O.P.

(G&W).No.1083/2016 of the Family Court, Mavelikkara. The matter relates to the custody of a minor child, Deepak. Deepak is now 8 years old. Deepak was born in the wedlock of Sreekumar and Deepika. Deepika committed suicide on 20/1/2015. Sreekumar at that time was in Gulf country, employed as a carpenter. Ever since the death of his mother, Deepak grew up under the care and protection of his maternal grand parents.

2. Sreekumar filed a petition for custody as afore-

noted. There is a case pending against him under the Indian Penal Code in relation to the death of Deepika. The Family Court after evaluating all circumstances, ordered permanent custody of the child with the maternal grand parents. However, the Family Court permitted Sreekumar to interact with the child from 1/1/2021 to 28/2/2021 on first and third Saturday of every month from 11 am to 3 pm. It was further ordered that from March 2021 onwards, Sreekumar should be given overnight custody of the child for one day on first and third Saturday of every month.

3. Aggrieved by the denial of permanent custody to Sreekumar, he has approached this Court in Mat.Appeal No. 728/2020. The maternal grandparents also have come up with Mat. Appeal No.812/2020 challenging the order impugned to the extent of granting overnight custody of the child to Sreekumar.

4. We summoned the parties and interacted with the child. The child seems very happy with his maternal grand parents. He has no familiarization with his own father. After interaction, we are of the view that if child is ordered to be given custody to his father without any familiarization, which may affect his emotions and wellbeing. In such circumstances, we feel there should be some evaluation of familiarization of the child with his own father before taking a decision regarding granting custody to the father. Therefore, the appeals are disposed of with the following directions:

Sreekumar shall be permitted to interact with the child on every Saturdays (except 2nd Saturday) between 10.30 am to 1 pm for a period of six months and thereafter, the Family Court has to take a decision whether overnight custody can be given to Sreekumar or not. Accordingly, we set aside the impugned order and remand back the case to the Family Court, Mavelikkara, for passing appropriate orders in light of the above directions. Parties are directed to appear before the Family Court, Mavelikkara, on 17/4/2021. No order as to costs.

A.MUHAMED MUSTAQUE JUDGE