SANTHOSH C. SAMUEL Vs. BLESSY S.S.

JUDGEMENT

(1.) The petitioner filed the present writ petition against the order dtd. 13/12/2018 made on I.A.No.IX in G and WC No.232/2014, permitting the petitioner to exercise visitation rights on the child Justin S. Samuel from 10.00 a.m. to 5.00 p.m. on 27th and 29/12/2018 and 1/1/2019, and the place of pick-up and drop back of the child shall be the residence of the respondent. Further, petitioner is directed not to give ill-advise to the child and to consider the likes and dislikes of the child while exercising custody rights on the above said days. The respondent - wife is also directed to handover the child to the petitioner on the above said days and time and petitioner is directed not to retain the child after the above said days and time. The petitioner filed the petition under Secs. 6 and 7 read with Sec. 17 of the Guardians and Wards Act, 1890, for appointing and declaring him as the guardian of his child Justin Samuel and grant him permanent custody of his minor child raising various contentions.

(2.) The respondent - wife filed detailed objections denying all averments, except the averment at para 13 of the petition and sought for dismissal of the petition.

(3.) During the pendency of the proceedings, petitioner filed I.A.No.9 under Sec. 12 of the Guardians and Wards Act read with Secs. 9 and 10(3) of the Family Courts Act, to direct the respondent for interim custody of his 11 year old minor son Master Justin S. Samuel, during Diwali and Christmas Vacations i.e. on Christmas, 25/12/2018 for Kids' Christmas Party and on 27/12/2018 @ 10.00 hrs. to 28/12/2018 @ 12.00 hrs. (one overnight) and on 30/12/2018 @ 07.00 hrs. to 1/1/2019 @ 17.00 hrs. (two overnights).