MALA M. ELIYAS Vs. CHRISTY JOHN P.

JUDGEMENT

(1.) An original petition filed by the respondent herein seeking permanent custody of the child of the parties herein, named 'Alok P Christy', is pending disposal before the Family Court, Thrissur as G.O.PNo.1940/2017. The respondent herein filed I.A No. 6160/2017 in the above case, seeking interim custody of the child, pending disposal of the original petition. The interim application was disposed of by the court below after hearing to either side, through Ext. P4 order, which is impugned in this original petition filed under Article 227 of the Constitution of India.

(2.) The court below had allowed interim custody to the respondent on every 2nd Saturdays and the succeeding Sundays, from 10 am on the 2nd Saturday till 5 p.m on the subsequent Sunday; and also during the first five days in Onam and Christmas holidays and ten days during the summer vacation in April and May.

(3.) Contention of the petitioner is mainly that, the child is at the young age of 7 1/2 years and he is not interest in staying with the father. Further contention is that, the antecedents and character of the respondent herein is not good that it cannot be ensured that there exists a conducive atmosphere in the house of the respondent for the child for his over-night stay there. It is pointed out by the learned counsel for the petitioner that, the petitioner had filed an original petition before the same Family Court seeking dissolution of the marriage based on an allegation that the respondent had shown cruelty to the extent of keeping illicit relationship with another lady. The petitioner had filed some additional documents along with I.A No.1/18 in this case, in which Ext.P6 document produced is the copy of an original petition filed by a person named Sudheesh against his wife. It is pointed out that the respondent herein is impleaded as 2nd respondent in the said case on the basis that the respondent/wife in the said case is living in adultery with the respondent herein. Apprehension expressed by the petitioner is to the effect that, granting over-night custody of the child to the respondent herein, may affect his moral perspectives, because of the alleged uncontrolled life led by the respondent herein. Based on the above said contentions, the learned counsel for the petitioner submits that the petitioner is not having any objection with respect to granting of visitation right to the respondent during day time.