LALIT RAJU PLATHOTTAM Vs. ANJU SARA VARKEY

JUDGEMENT

(1.) The appellant has approached this Court aggrieved by the order of the Family Court, Kottayam in E.A. No. 44 of 2012 in E.P.59 of 2010 in O.P.(G&W) No. 995 of 2008. As per the order under appeal, the following directions have been issued to the appellant.

(2.) According to the appellant the disputes between him and his former wife, the first respondent regarding the custody of their minor child had been finally settled by the order of the Hon'ble Supreme Court in a petition for Special Leave to Appeal (civil) No. 28139 of 2009, filed by him. The petitioner had moved the Hon'ble Supreme Court against the judgment dated 24.7.2009 of this Court in Mat Appeal No. 506 of 2009. In the said appeal, a Division Bench of this Court had issued elaborate directions regarding the manner in which the custody of the minor child was to be shared between the appellant and his former wife. The appellant's former wife is working abroad. The Hon'ble Supreme Court worked out a settlement of all the issues between the warring spouses and in modification of the stipulations contained in the judgment of the Division Bench of this Court, incorporated three additional conditions that govern the custody of the child during holidays like Onam, Christmas and Easter. Though the mother of the child is abroad, visitorial rights have been given to the maternal grand-parents by the Apex Court. The Hon'ble Supreme Court has also stipulated the manner in which the custody of the child should be shared during summer vacation.

(3.) In the above circumstances, the respondents moved a petition to get the custody of the child under clause (8)(b) of the judgment of the Division Bench of this Court in Mat Appeal No. 506 of 2009. That petition was resisted by the husband contending that the mother had no rights to claim custody of the child during summer vacation in view of clause (iii) of the order of the Hon'ble Supreme Court governing the situation. The Family Court went into the question, considered the relevant clauses and on an interpretation thereof held that the mother was entitled to have custody of the minor child for the period from 20.4.2012 to 13.5.2012, when she is available in India. This appeal is filed by the husband aggrieved by the said direction.