VENEETH SATHYAN Vs. SANJEEVANI VIDHYA

JUDGEMENT

(1.) PETITIONER challenges Ext.P6. Ext.P6 is an order passed by the Family Court in an application for interim custody of the minor child of the petitioner and the respondent. By the interim order, the Family Court found that it may not be safe to entrust the custody of the child to the petitioner/father. The reason for the same appears to be that there is a criminal case pending against the petitioner alleging offences under Sections 498A and 324 of the Indian Penal Code, which is evident by Exts.B1 to B3. The victim is stated to be the wife itself. It is submitted that the petitioner has been remanded in jail for 5 days in a crime. On this basis, it was found that the presence of the mother is necessary for the protection of 3 = year old male child and the I.A. was dismissed. However, the court directed that the child should be brought by the respondent/mother before the Sheristadar of the Family Court, from 7.1.2011 on every first Saturday at 10.30 a.m., and the Sheristadar shall hand over custody of the child to the petitioner/father forthwith for one hour and the petitioner shall return the child to the Sheristadar at 11.30 a.m. and entrust the child to the respondent/mother forthwith.

(2.) WE heard learned counsel for the petitioner and the learned counsel for the respondent.

(3.) IN the circumstances, we modify the order. We direct that the petitioner can keep custody of the child from 10.30 a.m. as ordered, till 2 p.m. on first Saturday of every month. We make it clear that however, the petitioner will not be permitted to take the child from the Family Court premises. It will be open to the petitioner and the parents of the petitioner to interact with the child in the Family Court premises, during the time we have allowed by this modification.