ABDUL KHADER Vs. RASHEENA

JUDGEMENT

(1.) The present OP(FC) is directed against the order dtd. 17/2/2023 of Family Court, Palakkad.

(2.) The facts in brief are that both husband and wife got married on 24/6/2018 and one minor child namely Althaf was born out of the wedlock. Owing to the differences between them, they have been separately living for the five (5) years. Wife is working as Railway employee at Coimbatore whereas the husband is running a leather chappal shop. OP No.204 of 2022 has been filed by the petitioner for taking the permanent custody under Sec. 12 of the Guardian and Wards Act. However during the pendency of the aforementioned petition, an interim application for interim custody of the child was moved and on contest, the learned Family Court vide order dtd. 30/8/2022 passed the following order:

(3.) It is pertinent to mention here at the relevant point of time, the child was not going to the school. However owing to the occurrence of the subsequent event, an application bearing No.3 of 2023 was submitted by the wife for seeking modification of the order reflecting the inability for interaction of the father with the child on 1st and 3rd Saturday as she has been working in Railway and her leave day is Monday. Keeping in view that fact, the learned Family Court vide order dtd. 17/2/2023 modified the earlier order dtd. 30/8/2022 and passed the following order: