RAJESH RAJAGOPAL Vs. BINDU V , D/O VISHWANATHAN

JUDGEMENT

(1.) This writ petition is filed by the Petitioner to challenge Ext.P7 order. Parties are spouses and the bone of contention is a 9 year old autism afflicted male child. The child is now in the custody of the Respondent/mother, who is employed as an Engineer in the B.S.N.L. and is now working at Thiruvananthapuram. The Petitioner herein is the Lecturer in a Government Law College and is now working at Ernakulam. The Petitioner had filed an application as O.P.(G&W) No. 808/09 before the Family Court, Thiruvananthapuram. He had, in that original petition, filed an application for interim custody of his minor son - Arjun Rajagopal' is the name of the child. The learned Judge of the Family Court, after a detailed evaluation of the rival contentions, came to the conclusion that the Petitioner's request for interim custody cannot be accepted. However, the learned Judge permitted the Petitioner to visit his child on the first and third Saturdays of every English calendar month between 10 a.m. and 12 noon in the presence of the Sheristadar of the court.

(2.) The Petitioner claims to be aggrieved by the impugned order. He submits that the custody must have been given to him completely till the disposal of the O.P. The Petitioner is employed at Ernakulam and he is residing alone at Ernakulam, admittedly. The Respondent is residing at Thiruvananthapuram along with the child and the parents of the Respondent. We find absolutely no merit in the challenge against the direction that the child must continue in the custody of the Respondent.

(3.) The learned Counsel for the Petitioner submits that grant of custody for two hours only in the presence of the Sheristadar is too unjust, unfair and inadequate. The Petitioner, who is the father of the child, does not get adequate opportunity to interact with the child. During 10 a.m. to 12 noon, mostly the child is sleepy and the quality of interaction possible during that short period of time is extremely poor and low. In these circumstances, the learned Counsel for the Petitioner prays that the Petitioner may be given overnight custody of the child, at least, for one day every month.