The court emphasizes minimizing trauma to children in custody disputes while affirming interim custody arrangements pending Family Court decisions.

JUDGMENT Devan Ramachandran, J.

We had, on 30.01.2026, passed the following order:

The “alleged detenue” was produced before us by the 1 st respondent.

2. The petitioner and the 1st respondent are husband and wife; however, they are estranged and pursuing litigation for divorce.

3. The “alleged detenue' is a young boy of seven years, very articulate and showing equal affection to both parents. He, however, has been with the 1st respondent for some time and therefore, showed some preference to him; but agreed that he can be with the mother also, provided his father accompanies them.

4. Indubitably, the parties are in quarrel for reasons that are not attributable, or known to the 'alleged detenue”. He is, unfortunately, caught in the crossfire. However, he requires both his parents, to grow up as a worthy citizen.

5. We notice that the petitioner had obtained Ext.P4 judgment, wherein she has been granted custody of the child; however, that it was delivered ex parte. It is stated before us by the 1st respondent that the said judgment has now been set aside and his learned Counsel offered to place the order of the learned Family Court to such effect, on the next posting date.

6. As matters now stand, since the child exhibits no alienation towards either of the parents, we are of the view that, before we take a final decision, the child should be allowed to spend a few days with the petitioner.

7. This is not opposed by the respondent either.

8. In the afore circumstances, we adjourn this matter to be called on 03.02.2026, until which time, the child will continue in interim custody with the petitioner.

The parties will again be present, along with the child, on the next posting date.

2. We had expected the parties to have thought of some arrangement qua the custody of the child, so that the latter could be spared of the trauma of being presented and paraded before the learned Family Court. We have said in several of our earlier judgments, that no child likes to be so subjected to this; and it has been our observation that such experiences leave a scar on their lives. However, since the parties have not been able to obtain a solution – as their learned counsel now submits before us – we are left without any other option, but to dispose of this matter on merits.

3. It is conceded at the Bar by the learned counsel on both sides that there is a custody matter qua the child pending between them before the learned Family Court and that it is listed to 23.02.2026. It appears that the learned Court had earlier passed a decree granting custody of the child permanently to the mother; but that the same has been set aside, with the matter being listed for fresh consideration. It is also submitted that the learned Family Court has not issued any further orders qua interim custody of the child as of now.

4. Obviously, when the parties are already before the learned Family Court, it is for them to obtain orders from there as entitled to them as per law.

5. As matters now stand, we had, by our earlier order, given interim custody of the child to the mother till today. We deem it appropriate that this arrangement be continued until the next posting date before the learned Family Court, when the said Court will take a further decision.

In the afore circumstances, this Writ Petition is allowed, confirming our afore extracted order; however, clarifying that the arrangement therein will continue only until such time as the learned Family Court takes a decision with respect to the custody of the child – either interim or final, as the case may be.

Sd/-