A.M.Shaffique

, J.

This appeal is filed by the respondent in O.P.

(G&W)No.241 of 2011 challenging the order dated

19.7.2012 passed by the Family Court, Thodupuzha

regarding custody of the minor child. In fact no specific

direction had been issued regarding the custody of the

minor child. The following directions had been issued in

the order passed by the Family Court:-

(1)

The respondent is directed to produce

the child at the Counselling Centre at Family Court

Thodupuzha at 11 a.m. on 1^st and 3^rd Saturdays

and handover the child to the petitioner. The

petitioner/father or his relatives can fondle the

child and return at 1 pm. This arrangement shall

commence from 4.8.12 and continue until further

orders.

(2)

The respondent/mother is directed to

inform the mobile number to the petitioner and

also the land line number to enable the petitioner

to call the child.

(3)

In case the respondent/mother is

incapable of producing the child she shall inform

..3..

the petitioner in time so as to avoid inconvenience

to the petitioner and she shall produce child on the

next working Saturdays.”

2.

The learned counsel for the appellant/mother

submits that the father is not interested in visiting the

child. He had already remarried. He is not interested in

the matter and even the visitation right was also not

availed of by him.

3.

At the time of filing the Original Petition the

child was only 2 years and presently he is around 11 years

old. He is now capable of choosing where he should stay.

In a matrimonial issue regarding custody of a minor child

both parents should ensure that the child should get the

care of the mother as well as the father. It should be

keeping in mind such a principle, that the parties should

take up the matter before the court, proceed for

counselling or mediation as the case may be and a

decision should be taken, keeping in mind the welfare of

..4..

the child, and ensure that he or she shall not miss the

care and protection of the father and mother.

Unfortunately such things do not happen and parties

remain at loggerheads. This is a case in which even the

visitation right of the father is being challenged which we

do not appreciate. However taking into account of the

fact that the child is 11 years old it is only appropriate to

close this matter with liberty to the parties to approach

the Family Court in the light of changed circumstances. If

any such application is filed the Family Court shall

consider the custody and visitation right of the parties, in

accordance with law.

With the above observation this Mat. Appeal is

disposed of.

Sd/-

A.M.SHAFFIQUE,

JUDGE

Sd/-

N.ANIL KUMAR,

JUDGE

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