NAZER Vs. SAMEERA

JUDGEMENT

(1.) THE petitioner has come to this Court aggrieved by Ext.P4 order under which the respondent/mother of the child was permitted to have custody of the 3 year old boy child, born to the contestants for 3 days in a week, ie. from 10 a.m every Monday till the following Thursday.

(2.) THE spouses are blessed with 4 children. THE 3 year old boy child in question is the third of the 4 children. THE 4th child, aged about 11 months, is in the custody of the respondent/mother. THE other 3 children are in the custody of the petitioner/father. It is the case of the petitioner/father that the respondent/mother was guilty of adulterous behaviour. THE marital tie has now been dissolved. As per an agreement Ext.P3 stipulations were made regarding the custody of the children. THE 3 elder children were permitted to be in the custody of the petitioner with right for the respondent/mother to visit the children at the school. According to the respondent/mother, Ext.P3 is not a voluntary agreement. She was coerced and compelled to sign the same. On the basis of that agreement, she was being denied opportunity to interact with her 3 year old minor son involved in this case. It is, in these circumstances, that she went before the Family Court and claimed custody of the child Hisam, the 3 year old minor son. O.P.No.1179 of 2010 is pending before the Family Court. She filed an interim application for custody of that child, pending disposal of the O.P.

(3.) IN an attempt to work out harmony, we had directed the spouses to appear with the said child before Court today. We interacted with the spouses. Their counsel were also present. We find that they have not been able to come to any harmonious settlement.