The court upheld the Family Court's interim custody order, highlighting the necessity for evidence to modify custody arrangements.

JUDGMENT The petitioner challenges Ext.P1 order of the learned Family Court, Kunnamkulam, because it has directed her to give interim custody of her child to the respondent - father, every Saturday from 1 p.m. to 5 p.m. and on the first five days of Onam, Christmas and summer vacations.

2. Sri.George Varghese(Perumpallikuttiyil) - learned counsel for the petitioner, conceded that the impugned order also has a direction that the children be given to the father from 10 a.m. on 26.12.2025, till 5 p.m. on 27.12.2025; but that this could not be complied with because, the said order was received by his client later. He added that there is no controversy on this as of now.

3. The learned counsel then argued that, the handing over of the child for five days during Onam, and Christmas holidays, as also summer vacations, to the father, in his client’s view, is dangerous because, whenever the child is given in his interim custody even on Saturdays, as per the impugned order, she comes back sad and tired, since she was not taken care of by him.

4. We are afraid that we cannot intervene in Ext.P1 on the afore submission because, the petitioner admits that the child is being given to the father on Saturdays, as ordered therein; and her concern is only with respect to the overnight custody arrangement, which is to arise only in the next Onam holidays.

5. If the petitioner is able to establish before the learned Family Court that the child has not been taken care of by the father even during the time when he was given interim custody of the child on Saturdays, she certainly can move it appropriately and seek modification of Ext.P1, as may be warranted.

6. We have no reason to believe that the learned Family Court will not consider any legitimate plea, particularly when it comes to the care and welfare of the children.

In the afore circumstances, we deem it not prudent and necessary for us to intervene in Ext.P1 at this stage for the reasons above; and, consequently, dismiss this Original Petition.

Sd/-