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HIGH COURT OF KERALA
K.T.SANKARAN, M.L.JOSEPH FRANCIS, JJ
PRIAY SUBRAMANYA – Appellant
Versus
HARI SHANKAR DAS – Respondent
OP (FC) 1699 2012
Custody - Child Custody - Family Court Act - Sections 13, 14 - The court upheld the modification of interim custody, interpreting the Family Court's discretion in light of the child's welfare and applicable procedural provisions.
Fact of the Case:
The petitioner challenged the Family Court's order granting overnight custody of their minor child, initially allowed on specific weekends but later modified to alternate weekends.
Finding of the Court:
The court found that the Family Court acted within its discretion and that the modified order regarding custody was not illegal or unreasonable based on the case's circumstances.
Issues: Whether the Family Court's modification of interim custody was justified and reasonable considering the welfare of the minor child.
Ratio Decidendi: The court emphasized the importance of the Family Court's discretion in custody matters, particularly focusing on the children's best interests.
Final Decision: The Original Petition is dismissed.
JUDGMENT
K.T. Sankaran J., The petitioner is the respondent in O.P. No.1230 of 2010 on the file of the Family Court, Ernakulam. The Original Petition was filed by the respondent, for a decree of divorce. The respondent filed I.A. No.5060 of 2010 for getting interim custody of the minor child. The Family Court allowed the application and permitted the respondent to have access to the child in the day time on the third Friday and Saturday of every month.
2. The order in I.A. No.5060 of 2010 was modified at the instance of the petitioner and interim custody was directed to be given on the second Saturday and Sunday following the second Saturday of every month.
3. The respondent filed I.A. No.826 of 2012 in I.A. No.5060 of 2010 for getting overnight custody of the minor child. The petitioner herein filed objections. The Court below, by the order impugned, allowed interim custody of the minor boy from 10.00 a.m. on the third Saturday till 5.00 p.m. on the Sunday following that day in alternate months. The order in I.A. No.826 of 2012 is challenged by the wife.
4. Overnight custody of the child was given, as prayed for, by the husband, but the Court limited its duration to the third Saturday and the following Sunday in alternate months, instead of every month. The order passed by the Court below cannot be said to be illegal or unsustainable or perverse. The Family Court exercised the discretion in the facts and circumstances of the case. No grounds are made out for interference. The Original Petition is, accordingly dismissed.
K.T. SANKARAN, (JUDGE)
M. L. JOSEPH FRANCIS, (JUDGE)
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