D S G Vs. A K G

JUDGEMENT

(1.) By way of the present matrimonial appeal, the appellant seeks to challenge an order dated 16.11.2018 passed by the Learned Family Court, whereby the Learned Family Court has directed that the custody arrangement of the 11 years old daughter of the parties would continue as decided by the earlier order dated 28.07.2018 wherein the interim custody of the child is to remain with the father for four days and with the mother for three days.

(2.) The relevant and necessary facts for the adjudication of the present appeal are that from the wedlock of the parties a girl child was born in the year 2007 and she is presently a little over 11 years of age. Marital discord occurred in between the parties and the respondent (father) filed a Guardianship Petition bearing No. G.P. No. 2266/2018, seeking custody of the minor child on the ground that the petitioner herein was suffering from mental illness and treated the child with cruelty and did not permit the respondent to meet the child.

(3.) The Learned Family Court vide order dated 13.07.2018 directed the appellant (mother) herein to remain present with the minor child on 18.07.2018. On 18.07.2018, the appellant did not appear nor was the minor child produced. An application for adjournment was filed on behalf of the appellant on the ground of illness of the child. A prayer was also made in the application for appointment of a counsellor/Child Specialist, to visit the residence of the appellant to counsel the child. Prayer for providing Protection to the female child was also made. On the said date, the respondent, brought to the notice of the learned Family Court that after the respondent had filed the guardianship petition, the appellant had filed a case against him under the POCSO Act. The Learned Family Court looking into the facts and circumstances of the case, perceived that the child was perhaps under pressure and therefore before forming any opinion, thought it fit to appoint a Counsellor to meet the child and submit a report as to the factual condition of the child. Learned Family Court accordingly appointed a Counsellor, attached to that court and directed him to visit the child and submit a report. The matter was adjourned for 19.07.2018.