NIHAD MOIDU Vs. FOUSIYA

JUDGEMENT

(1.) The respondents in O.P.No.271 of 2018 on the files of the Family Court, Tirur have instituted this Original Petition under Article 227 of the Constitution of India, challenging Exhibit-P1 order passed by the Family Court in I.A.No.664 of 2018, dated 26th June, 2018. The respondent herein is the wife of the 1st petitioner. She filed the Original Petition before the Family Court seeking permanent custody of the minor girl named Neha Nihad, aged 10 years, born out of the wedlock between the first petitioner and the respondent. The second petitioner is the mother of the first petitioner.

(2.) I.A.No.664 of 2018 was filed seeking interim custody of the abovesaid minor girl pending disposal of the Original Petition. It was mainly contended that the minor girl is at the verge of her adolescence and therefore she is badly in need of care and protection of the mother. The respondent offered that she can provide all facilities and amenities for proper education and welfare to the minor. The petitioners herein resisted the application on various grounds, by denying all the allegations regarding misappropriation of money and gold and also denying the alleged cruelties inflicted on the respondent herein. The allegation that the petitioners have forcefully taken away the minor girl from the custody of the respondent, was also denied. It was contended that if the minor is permitted to live with the respondent, the same will adversely affect her future. According to the petitioners, all necessary facilities and amenities are provided to the minor at present, for her proper education and development.

(3.) While considering the question of interim custody, the Family Court had occasion to interact with the minor. It was observed that, though the minor had expressed her desire to continue with the petitioners, the conduct of the minor in justifying the first petitioner too much in relation to various aspects touching the disputes between the parties, is only due to compulsion or instruction from the side of the first petitioner. It was found that, the minor girl is at the age of 10 years and she is about to attain puberty in the coming years. Therefore it was observed that, the minor is baldly in need of love and care of the mother to face various challenges in future years. Hence it was ordered that interim custody shall be given to the respondent herein, till the final disposal of the Original Petition. However, the court below had provided interim custody of the minor child to the petitioners herein on 2 nd and 4th Saturdays of every month, from 11 A.M. till 4 p.m. on the next Sundays. The petitioners were directed to hand over custody of the minor to the respondent at 11 A.M. on 30.6.2018.