SMITHA K Vs. P DEVADAS

JUDGEMENT

(1.) THESE matters being connected and being between the same parties, they are disposed of by this common Judgment.

(2.) MAT. Appeal No.327/09 is filed against the order dated 8.4.2009 in OP.No.1003/08 filed by the father. The wife is the appellant in MAT. Appeal No.406/09. She challenges the same order as in MAT. Appeal No.327/09. By the impugned order in the Appeals, the Family Court has disposed of the Application for custody of their minor daughter aged about ten years, by granting custody of the child to the father on all Sundays between 8 AM and 6 PM. RP(FC).No.274/09 is filed by the father against the order in M.C. No.748/2008 granting maintenance to the child at the rate of Rs.1,500/= per month. O.P.(FC).No.305/2011 is filed by the mother feeling aggrieved by Exts.P6 and P10 which are orders essentially arising out of the impugned order in the MAT Appeals referred to above.

(3.) HAVING regard to the interest of justice and having heard the learned counsel for the parties, we are inclined to pass the following Order regarding the custody of the minor child in modification of the order passed by the Family Court in the Mat Appeals: The father will be given custody of the minor child on the first and third Sundays of every month between 8 AM and 6 PM. The arrangement by which custody is to be transferred be followed. The father will be given custody of the minor child on every Second Saturday and Sunday of every alternate month, the custody commencing from 9 AM on the Second Saturday and ending with 6 PM on the following Sunday. This will be subject to the condition that the father will take the child on Second Saturday itself to the residence of his sister and the father of the child will not have overnight custody of the child by himself. That is to say, the father cannot spend the night together alone in the residence of the father at Malappuram. We also order that the father will be given custody of the minor child during the first three days of Christmas vacation commencing at 9 AM and ending at 6 PM. There also, the condition that the father must take the child to the house of the sister which we have referred to above, will apply. Further, the father will be entitled to ten days custody during the summer vacation (first ten days) commencing at 9 AM and ending at 6 PM on such condition which we have imposed in respect of overnight custody of the child even during the said period. This will be, of course, subject to the condition that the appellant/father will continue to pay maintenance at the rate ordered by the Family Court.