BIJU K.V. Vs. NEENU ROY

JUDGEMENT

(1.) The appellant is the respondent in I.A.No. 365 of 2014 in O.A No. 443 of 2013 on the file of the Family Court, Kozhikode. The appellant filed O.A.No. 443 of 2013 before the court below for getting custody of his minor daughter Niya Biju born in the wedlock with the respondent herein. O.A.No. 443 of 2013 was decreed on the basis of a settlement reached between the appellant and respondent, whereby the custody of the child was agreed to be given to the appellant on every Saturday from 9 a.m. to 5 p.m.

(2.) The respondent moved I.A.No. 365 of 2014 before the Family Court for modifying the order regarding the custody of the child and the court below by order dated 7.1.2015 allowed the said application, by cancelling the order giving interim custody of the child to the appellant on Saturdays, thereby giving exclusive custody of the child to the respondent with effect from the date of that order. The parties were also given liberty to file a fresh application for modification of the order as to the custody of the child as and when required by future change of circumstances. Aggrieved by the aforesaid order passed by the court below dated 7.1.2015, the appellant is before us in this appeal.

(3.) On 23.3.2015, after hearing the learned counsel on both sides we directed the respondent-mother to produce the minor child before this Court so as to enable us to interact with the child. Accordingly the appellant-father, the respondent-mother and the minor child are present in court today.