SWATHI VIKRAM Vs. VIKRAM B D

JUDGEMENT

(1.) Mrs. Swathi Vikram, the mother of a minor son Master Ryan, has challenged the legal validity of order dated 12.04.2018, passed by the Principal Judge, Family Court, Chikkamagaluru, whereby the learned Family Court has granted an interim custody of Master Ryan to the petitioner only from 13.04.2018 at 15:00 hours to 30.04.2018 at 15:00 hours.

(2.) Briefly, the facts of the case are that the petitioner and respondent No.1, Mr. Vikram B.D., were married on 21.01.2010, according to the Hindu customs and rites. On 13.10.2011, they were blessed with a son, Ryan. At present, he is seven years old child. Presently, Ryan is studying at Amber Valley Residential School, Chikkamagaluru. During their married life, certain differences arose between the couple; they parted their ways. On 08.11.2017, the petitioner filed a petition namely, G & WC No.8/2017 under Sections 6, 7, 8, 9 and 25 of the Guardians and Wards Act, 1890, (hereinafter referred to as 'the Act' for short) before the learned Family Court. The respondent No.1 filed his objections to the said petition.

(3.) During the pendency of the proceedings, the petitioner filed an application for seeking interim custody of the child. The said application was allowed by the learned Family Court by order dated 16.12.2017, granting her the custody of the child during the Winter Vacation in the month of December, 2017 to January, 2018. Since respondent No.1 was aggrieved by the said order, he filed a writ petition before this Court, namely, W.P.No.58068/2017. By order dated 21.12.2017, while upholding the interim order dated 16.07.2017, this Court modified the order to the limited extent that while the petitioner would have the interim custody of Ryan, the petitioner's mother, Jayalakshmi, should also accompany the child.