ST Vs. MT

JUDGEMENT

(1.) This petition seeks the setting aside of the order of 21st December, 2013 passed by the learned Guardian Judge (West), in G.P. No. 53/2012. By way of the said order, interim custody of the child - - Master Siddhid, was directed to be handed over by the petitioner -mother to the respondent -father on 3rd January, 2014 till 6th January, 2014. The said order has become infructuous by virtue of subsequent orders of this Court and the interim custody and visitation rights were duly afforded to the parents in the interest of the child. On 2nd January, 2014 when the case was first listed in, the following order was passed the interest of the child on the:

(2.) Mr. Sanjay Poddar, learned senior counsel for the petitioner states that the minor child Master Siddhid is 4 years old and presently is not keeping well as he has been suffering from viral fever and other cold related infections for the last 15 odd days. It would, in the circumstances, not be appropriate for the child to be transferred temporarily into the custody of the father. Therefore, the petitioner mother seeks that the interim order granting interim custody of the child to the father from 3rd to 6th January, 2014 be stayed. However, the petitioner will welcome the father when he visits the child at her residence so that the due paternal affection is available to the child which indeed is every child's right.

(3.) In view of the aforesaid submissions of counsel apropos ill -health of the child, it would not be in the latter's overall interest and welfare if his custody is disturbed from the mother, at least till his stated convalescence, hence operation of the order of the Trial Court to the extent that it grants custody of child to his father from 10.00 a.m. of 3rd January, 2014 to 4.00 p.m. of 6th January, 2014 is stayed. However the father will be free to visit the child at the residence of the mother and who shall ensure that a conducive environment is made available for his proper meeting and interaction with his son Master Siddhid. The father would also be free to take the child to a doctor/hospital for a second opinion or other medical care as may be deemed necessary. The mother (petitioner) or any other maternal relative or assistant could accompany the father for this purpose between 3rd and 6th January, 2014.