Welfare of the child is the paramount consideration in custody disputes, warranting modifications to visitation and custody arrangements based on evolving circumstances.

JUDGMENT

A bdul Rehim, J.

The petitioner in the above Original Petition filed under Article 227 of the Constitution of India is the respondent in O.P.No.389 of 2013 on the files of the Family Court, Thodupuzha. The respondent herein had instituted the said case seeking declaration for guardianship and custody of the minor child, born out of the wedlock between the parties herein. O.P.No.389 of 2013 was disposed of by the Family Court on the basis of a joint memo filed by the parties on 20.12.2013. As per the terms agreed upon by the parties, it was conceded that visitation to the respondent herein will be allowed on the 1st Saturday of every month from 11 a.m. till 3.00 p.m. in the premises of the Family Court. Subsequently, the respondent filed I.A.No.91 of 2015 alleging that the petitioner herein had defaulted conditions incorporated in the settlement and that he was not permitted to see the child on every month. Hence he sought for modification of the order O.P.(FC) No.119 of 2016 2 passed by the Family Court in O.P.No.389 of 2013.

2. While considering I.A.No.91 of 2015, the parties herein were examined before the court below, as RW1 and PW1 respectively. Certain documents were also marked from the side of both the parties. After appreciating evidence on record, the Family Court disposed of the interim application based on a finding that the petitioner herein had failed to comply with an order passed by the Family Court, Irinjalakuda in O.P.No.50 of 2013, in which an application for restitution of conjugal rights filed by the respondent was allowed. It is found that the petitioner herein is making all attempts to keep away the child from the respondent, who is the father. The Family Court concluded that for the welfare and well being of the child, it is necessary to provide custody of the child to the respondent on an interim basis. Hence it is found that custody of the child can be given to the respondent during Onam, Christmas and mid-summer vacation. Accordingly it is declared that the respondent will be entitled to have custody of the minor child for 5 days each during Onam and Christmas vacation and 30 days in the mid summer vacation. Hence I.A.No.91 of 2015 was allowed by directing the petitioner O.P.(FC) No.119 of 2016 3 herein to produce the child before the Family Court for handing over custody of the child to the respondent in the first half of the holidays of Onam, Christmas and mid summer vacation, commencing from the next day of closing of the school in which the child is studying. It is aggrieved by the said order, the petitioner is approaching this court in the above Original Petition.

3. Heard both side. Rival contentions are raised with respect to entitlement of the respondent for having interim custody of the child during the vacation period.

4. We notice that the regular arrangement of visitation by the respondent which was ordered in O.P.No.389 of 2013 is to be reiterated. Apart from that, the court has ordered interim custody of the child to the respondent for 5 days during Onam and Christmas holidays and one month during mid summer vacation. Contention of the petitioner is that, the child has no acquaintance with the respondent father and that granting of overnight custody all on a sudden will create trouble to the child. It is also contended that the respondent is an employee in a Charitable Organization and he has to keep away from the child during day time. According to the O.P.(FC) No.119 of 2016 4 petitioner, there is nobody available in the house to look after the child except the aged mother of the respondent, who is now about 75 years old.

5. All the above contentions are refuted by learned counsel appearing for the respondent. According to him, such contentions are raised only as a ruse to deny custody of the minor child to the respondent. It is undertaken that the respondent will make all arrangements to be present along with the child during the time when custody is granted. Even otherwise, it i