In custody disputes, the welfare of children is paramount, and fears must be substantiated; interim arrangements can evolve to reflect the stability and affection between children and the custodial parent.

JUDGMENT Devan Ramachandran, J.

The petitioner challenges the order of the learned Family Court, Muvattupuzha, in I.A.No.24/2025 in O.P.No.1190/2023. 2. The afore I.A. was filed by the father of the minor children seeking their interim custody three days a week, till the end of summer vacation; and this has been allowed by the learned Family Court, but granting a further relief that the children be with the father from 10 A.M. every Saturday till 5 P.M. the succeeding Sunday.

3. Apart from the fact that the period sought for during the Summer Vacation has now elapsed, it is conceded by Sri.K.S.Arun Kumar – learned counsel for the petitioner, that his client opposes the order only because it has allowed overnight custody of the children in favour of the father. He unequivocally admitted that his client has no objection in the children being allowed to be with their father during day time, but that she is apprehensive of giving them during night because of an earlier experience, where she says she had to encounter black magic and such other activities from the husband and family. He pointed out to Ext.P4 Charge Sheet in substantiation and reiterated that his client would have no objection in the children being allowed to be with the father during day time every Saturday and Sunday, but not at night.

4. Before we move forward, we must record that we had considered this matter on 02.06.2025, when we passed the following order:

Read order dated 27.05.2025.

2. It is submitted by the learned counsel for the parties that the children stayed with the father without any event.

3. The learned counsel for the petitioner, in fact, requested us to create an arrangement for interaction between the father and children; however, praying that overnight custody be not given to the father.

4. Since the overnight custody that we gave to the father has gone without incident, we are of the view that the children should have time with the father every weekend for the entire day, including night time.

5. The learned counsel for the petitioner seeks a few days’ time to confer with his client.

List on 10.06.2025; in the meanwhile, we order that the children will once again be with the father at 5 p.m. on 07.06.2025 till 5 p.m. on 08.06.2025. The place of exchange - as earlier fixed - will be the front gate of the residential house of the mother.

5. The learned counsel on both sides are ad idem that the interim custody of the children as afore given to the father went without any event. However, the learned counsel for the petitioner asserted that this was only because the custody granted was interim in nature and not a permanent arrangement. He asserted that if the father is given the children as ordered by the learned Family Court on a regular basis, he would conduct black magic on them.

6. When we examine the order impugned, the learned Family Court has recorded that the respondent had filed affidavits before it, to the effect that he or his family is not indulging any black magic or practices of occult and that they would not do so in future either. The learned Court has also found that the children had affection for their father, which we also found to be true, as recorded in our afore extracted order. In fact, when we asked them to go with their father, they did so happily and voluntarily; and this very much renders the bonding they have with each other limpid.

7. Therefore, as matters now stand, the only cause of concern is the allegation of the petitioner-mother that the father may conduct acts of black magic or occult on the children. The children are young, but we found them to be very articulate and capable of understanding the scenario they are in.

8. Going by Ext.P4, the allegation is that the acts of black