PRAKASH SOMASUNDARAN Vs. KK KAIRALI

JUDGEMENT

(1.) THE petitioner and the respondent filed O.P.350/2010 before the Family Court, Kozhikode, under Section 13B of the Hindu Marriage Act, which was disposed of as per order dated 14.10.2010. THE parties jointly filed an application dated 9.4.2010 before the Family Court, as per which, the parties agreed that the petitioner herein would be allowed to take the children for half the period of school vacations like Onam, Christmas and summer.

(2.) COMPLAINING that the respondent did not comply with the agreed terms, the petitioner filed O.P.No.2352/11 before the Family Court, Ernakulam for permitting him to have the custody of his minor children, Niveditha and Adithya, during the first half of their school vacations for summer, Onam and Christmas. The application was objected to, by the respondent. Certain interim orders were passed by the Family Court in O.P.2352/11. Later, on 29.3.2012, the Family Court passed an interim order in I.A.5612/2011, the operative portion of which reads as follows :

(3.) IT is agreed by the counsel that the petitioner would be entitled to take the children from 9 a.m. to 5 p.m. on 26th, 27th and 28th of May, 2012, in addition to the custody granted for other days, as per the order impugned. IT is submitted that the respondent is at present residing at Kozhikode and the children are residing with her. Learned counsel for the petitioner submitted that the petitioner is ready to go to Kozhikode and take the children from the residence of the respondent on the days mentioned above. The petitioner shall return the children to the respondent at 5 p.m. on 26th, 27th and 28th of May, 2012. In other words, he would not be entitled to have over-night custody of the children for these three days. As observed in the order passed by the court below, the parents of the petitioner or either of them, will be present with him, on all the aforesaid three days, while the children are with the petitioner.