Visitation rights can be modified in custody cases for the children's welfare while addressing serious allegations against a parent.

J U D G M E N T

N.K. Balakrishnan, J.

The mother of two male minor children, aged 6 years and 3 years, has challenged the order passed by the Family Court, Kottayam, in O.P. No:1254/2010. That was a petition filed by the respondent herein, who is the father of the two children, for getting custody. That petition was opposed by the appellant alleging that the respondent was not concerned with the welfare of the children and that he was not even sure as to the school in which the children were studying.

2. It was also contended by the appellant wife that her husband was having sexual perversions and that he had even subjected the appellant to such sexual perversions in the presence of the children. The further allegation was that he had shown such sexual perversions towards his children also and considering all those aspects, the learned trial Judge did not allow the custody of the children sought for by the respondent/father but granted visitation right to the respondent/father during Second Saturdays and Sundays of every month and also during Onam, Christmas and Summer vacations.

3. The learned counsel for the appellant submits that the children are of very tender age - only 6 years and 3 years, and so the children will not be in a position to adjust with the father who is having such perverted attitude even towards children. It is also submitted that if overnight stay is allowed, the future of the children will be affected at the hands of the respondent. Though serious allegations were made against the respondent, the learned trial Judge did not enter any finding accepting those allegations. The learned trial Judge allowed visitation right to the father taking note of the fact that he can share his love and affection towards the children.

4. We have heard the learned counsel for the appellant at length. Considering all the aspects, we hold that slight modification can be made with regard to the visitation order passed by the learned trial Judge. We are of the considered view that the visitation right can be given to the father on all Second Saturdays and alternate Sundays and also during the first half of Onam and Christmas holidays. So far as it relates to the visitation right during summer holidays, it would be only for two weeks in the whole of the summer vacation. The visitation right, given as above, shall be subject to the further condition that the respondent shall, when he goes to the appellant's house to take the children, take with him his mother/ grandmother/ aunt or grand aunt, as the case may be, and that aged woman shall stay with the children in his house during the period of stay of the children with him. If only he takes such mother/ grandmother/ aunt or grand aunt, as the case may be, the children need be entrusted during summer vacation. It is also made clear that on Second Saturdays and alternate Sundays the respondent/father shall return or entrust back the children to the appellant in the evening of the very same day. When the children are taken to his house, he should ensure that an aged female member stays with the children to take care of them.

This Matrimonial Appeal is disposed of accordingly.

PIUS C. KURIAKOSE, JUDGE