(1.) The above OP has been filed against the order passed by the Family Court, Thodupuzha declining custody of the minor child Sidharth to the petitioner. As per the impugned order, custody of the minor child was given to the father with visitation right to the petitioner mother as and when she come down to Kerala. When petitioner came down to Kerala on 7.3.2020, she filed petition seeking interim custody of the child but due to the pandemic situation prevailing then in Kerala, the court below was not inclined to grant interim custody of the child to the petitioner mother. Now her grievance is that as and when the lock down is over, she will have to go back to her work place and join duty and she will be denied an opportunity to spend time with her son Sidharth. So she seeks for the interim custody of the child till she leaves India.
(2.) Respondent father filed a detailed counter-affidavit stoutly denying the allegations in the petition and it is also his contention that the lower court has passed the order elaborately after hearing both sides and no interference is called for at the instance of this court. As per the order in I.A.1 of 2020, the learned Family Court, Thodupuzha dismissed the petition for interim custody in view of the objection raised by the respondent father that the petitioner who has come from Saudi Arabia has not undergone medical check up and has violated the rules of quarantine. It is also contended that in Idukki COVID-19 persons are detected and hence giving custody of the minor to the petitioner is danger to the life of the minor. The court below also taken into account the pandemic situation due to COVID-19 and the national lockdown imposed till 3.5.2020 and in Idukki district COVID-19 was detected and it was classified as an orange zone. Taking all those facts into account, the court below was of the view that the prayer cannot be considered.
(3.) Heard both sides.