The court emphasized the importance of maintaining the best interests of the child in custody matters while allowing for parental interaction.

Devan Ramachandran, J.

The limited plea of the petitioner in this case is that the order of the learned Family Court, Palakkad, in I.A.No.2/2024 dated 22.06.2024, be modified, thereby, granting him interim custody of his daughter from 11 A.M to 5 P.M on Saturdays and Sundays every week.

2. Before we move forward, we must record that we had an interaction with the child, who was present before us along with the parties on 25.02.2026. Our observations on that day are recorded in our order, which is as follows: “The parties were before us today along with the child.

2. We interacted with the child, who showed a preference to be with the mother. But agreed to interact with the father. We thus allowed her to be with her father for over two hours within the court premises and talked to her again.

3. The child reiterated that she wants to be with the mother, but without any reluctance to interact with her father; though saying that she does not want to stay with him.

Post on 27.02.2026, for further consideration.”

3. It is thus indubitable that the child has no objection to be with her father, but does not want to stay with him. The request of the father is that he be allowed to spend time with her during the morning time. We think this is apposite because, it is only if he is able to make her more comfortable in his company in the days to come, that he can seek for her to stay with him, since she is a ten year old girl.

4. Sri.Nireesh Mathew – appearing for the respondent, acceded to the afore suggestion; but saying that two Saturdays and two Sundays be allowed, so that the mother can also have sufficient time with her child. He added that, however, on certain Saturdays, the child has extracurricular activities; and requested that the father be directed to ensure that it is not missed.

5. This was fully accepted by the learned Counsel for the petitioner – Sri.M.R.Sasi.

6. In the afore circumstances, with the consent of both sides, we modify the impugned order, permitting the father to be with the child every 1^st and 3^rd Saturday and every 2^nd and 4^th Sundays henceforth, from 11 A.M to 5 P.M. The place of exchange for this shall be in front of the residential gate of the mother.

7. We clarify that, whenever the father is in interim custody of the child in terms of the afore direction, he shall ensure that her curricular and extracurricular activities are not disturbed or impeded in any manner. We record the undertaking of Sri.M.R.Sasi to such effect.

Sd/-