BINULAL K. Vs. ROOPA R.S.

JUDGEMENT

(1.) UNDER challenge in this original petition filed by the husband, father of a minor child, who is the subject matter of O.P. (G&W) No. 26/2011 pending before the Family Court, Thiruvananthapuram, is Ext. P7 order. By Ext. P7 order, the Family Court has modified an earlier order passed regarding custody of the child. The earlier order was to the effect that the child will be produced before the Family Court every fortnight (every alternate Saturday) and entrusted to the custody of the father. It seems that I.A. No. 2272/2011 was filed by the respondent wife complaining that the petitioner is not obeying orders of interim maintenance passed by the court and hence the earlier order regarding entrustment of the child to the custody of the father should be varied. It is accordingly that Ext. P7 order is passed. Under Ext. P7, the respondent is directed to produce the child on every posting date to hand over its custody to the petitioner only for one hour between 11 a.m. and 12 noon inside the court hall. It is ordered that the respondent shall not take the child out of the court premises. We have heard the submissions of Mr. A. Rajasimhan, learned counsel for the petitioner and those of Smt. P.F. Rosy, learned counsel for the respondent. While Mr. Rajasimhan assailed the impugned order very forcefully, Smt. Rosy would submit that the nature of the petitioner is such that entrusting the custody of the child with him will be very unsafe for the child. We have anxiously considered the rival submissions. We have carefully gone through the impugned order and the other materials produced along with it. We are of the view that the impugned order can be modified and directions can be issued regarding the expeditious disposal of O.P. (G &W) No. 26/2011. Accordingly, we dispose of this O.P. (FC) in the following terms:

(2.) EXT . P7 is modified and the respondent is directed to produce the child at 10 O' clock on every first Friday (irrespective of whether O.P.(G &W) No. 26/2011 stands posted on that day or not) before the Sheristadar, Family Court. The petitioner will also be present. The respondent will hand over custody of the child to the petitioner. The parties will appear before the Sheristadar at 1 O' clock again with the child and the custody of the child will be given back by the petitioner to the respondent. Before the petitioner is entrusted with the custody of the child, the Sheristadar will get an undertaking in writing from the petitioner to the effect that the child will not be taken out of the District Court campus, Vanchiyoor and that the child will be produced back exactly at 1O' clock. The learned Judge of the Family Court is directed to expedite matters in O.P. (G&W) No. 26/2011, to try the same and finally dispose of the same irrespective of the pendency of other matters between the parties. Learned Judge will ensure that O.P. (G&W) No. 26/2011 is finally disposed of, at any rate, within four months of receiving copy of this judgment. The learned Judge of the Family Court is directed to issue coercive process and ensure that arrears of maintenance, if any, is paid by the petitioner without fail.