SANTHOSH.K Vs. REKHA.K.R

JUDGEMENT

(1.) UNDER challenge in this appeal preferred by the appellant, who was the husband of the respondent, is the judgment of the Family Court, Ernakulam, in OP No.706/2009 filed by him, entrusting custody of two minor boys born in the wedlock between the appellant and the respondent, their mother, and allowing visitation rights to the appellant twice in a month in the premises of the Family Court, Ernakulam, on the first and third Saturdays of every month from 2pm to 5 pm.

(2.) THE pleadings raised by the parties have been correctly narrated by the Family Court in the impugned judgment and therefore, it is not necessary for us to narrate them over again in this judgment. Read the orders dated 18.08.2010 and 02.09.2010 passed by another Division Bench of this Court. Also read the order dated 16.01.2013 passed by yet another Division Bench in which one among us, PCK(J), was a member. In fact, the order dated 16.01.2013 is passed immediately after the above Bench had interaction with the children separately and also with the maternal and paternal grandfathers of the children in the presence of the children. The order dated 18.09.2010, as noted therein, is passed by this Court following an interaction which the learned Judges of that Bench had with the parties in the presence of the counsel. The above interaction itself was undertaken by the learned Judges after the children had been entrusted to the temporary custody of the appellant and his parents from morning till 7.45 pm on that day. The above order incorporates the terms of an agreement and understanding, which the parties had arrived at and the cardinal of the various terms in the above order is that the matrimony between the appellant and the respondent shall be dissolved by filing an application for divorce by mutual consent under Section 13B of the Hindu Marriage Act at the earliest. We are told that the above term of the agreement has been implemented and matrimony between the appellant and the respondent presently stands dissolved by a decree of divorce. The second condition in the above order is that the appellant shall discharge the arrears of maintenance and it is not disputed at the Bar that the above condition has not been complied with. The third condition is that the appellant shall deposit a sum of Rs.75,000.00 each in the name of the two minor children and hand over the fixed deposit receipts to the respondent so that the children can withdraw the proceeds of the deposits once they mature. We are told that, that condition has also been complied with. Another condition in the above order, which concerns us is condition No.7, which is as follows:

(3.) TODAY , we have heard Sri. Rajit, learned counsel for the appellant and Sri. Saiby Jose Kidangoor, learned counsel for the respondent. Though Sri. Rajit, learned counsel for the appellant made submissions based on the various grounds raised in the memorandum of appeal, towards the end of his submissions, he told us that the appellant is agreeable to permanent custody of the children continuing with their mother. The learned counsel requested that as the father of the children, the appellant and the grandparents, the appellant's parents have got every right to have the company of the children for reasonable periods. The direction in the impugned order that the appellant can visit the children on the first and third Saturdays inside the premises of the family court is most inconvenient not only for the appellant but also for the children. Sri. Rajit requested that proper modification be made regarding the visitation right to be given to the appellant and his parents and also regarding the manner in which the above rights is to be enjoyed by them. The learned counsel submitted that weekend custody may be given every Second Saturday to the appellant/his parents. The appellant is ready and willing to abide by any conditions, which this Court may stipulate regarding the manner in which the visitation of rights is to be enjoyed by the appellant and his parents.