SUJA LEKSHMI Vs. JAYACHANDRAN S

JUDGEMENT

(1.) The appellant is the divorced wife of the respondent. The marriage between them was dissolved by a decree of divorce passed by mutual consent by the Family Court, Attingal in O.P.No.374 of 2017. At that point of time the dispute regarding custody of two minor children (a girl aged 14 year and a boy aged 11 years) was not settled. That was the subject matter of O.P.(G & W) 1496 of 2017 filed by the respondent before the Family Court, Attingal. That case was settled between the parties and a memorandum of agreement dated 6.1.2018 was entered into. By that agreement the appellant herein who had custody of the minor children agreed to hand over their custody to their father, the respondent herein, on the fourth Saturday of every month at 11 AM from the premises of the Family Court, Attingal. The father of the children had to hand over custody back to their mother at 4.30 PM from the Family Court, Attingal.

(2.) Based on the settlement agreement entered into between the parties, O.P.(G & W) No.1496 of 2017 was disposed of by judgment delivered on 6.1.2018 itself. A week later, the appellant wife got an employment at Thirvananthapuram and consequently she shifted her residence to Vattiyurkavu. She thereupon moved this court by filing Tr.P.(C) No.55 of 2018 with a prayer that O.P.(G & W) No.1496 of 2017 may be transferred to the Family Court, Thiruvananthapuram. She also prayed that the visitation rights granted by virtue of Annexure 2 produced along with the transfer petition may be transferred from the Family Court, Attingal to Family Court, Thiruvananthapuram. Such a relief was sought on the averment that since she has got an employment at Thiruvananthapuram and as she has shifted her residence to Vattiyurkavu, it will be difficult for her to travel to Attingal to hand over custody of the minor children to their father and wait at Attingal till 4.30 PM to take back the children. The learned single Judge, after considering the rival contentions, dismissed Tr.P.(C) No.55 of 2018 with the observation that the appellant who was aware of the fact that she is likely to get an employment at Thiruvananthapuram even prior to the date of the agreement, ought not have agreed to hand over custody of the children from the premises of the Family Court, Attingal. The learned single Judge however permitted the appellant to move this court later after the expiry of the period of one year, if she finds any practical difficulty in producing the children before the Family Court, Attingal. Hence, this appeal.

(3.) When this appeal came up for consideration today, Sri J.Jayakumar took notice for the sole respondent. Learned counsel on both sides addressed arguments touching upon the merits of the rival contentions. After hearing learned counsel appearing on both sides, we are of the opinion that the entire dispute between the parties can be resolved by directing that custody of the minor children be handed over to their father at 11 AM on the fourth Saturday of every month from Family Court, Thiruvananthapuram instead of from Family Court, Attingal and custody be taken back by the mother at 4.30 PM on the same day from Family Court, Thiruvananthapuram. Such a course will not cause any prejudice to the wife who is presently residing at Thiruvananthapuram. It will also not cause any prejudice to the husband who is residing at Pothencode, since the distance from Pothencode to Attingal and to Thiruvananthapuram is almost identical. We accordingly dispose of this appeal by directing that the agreement dated 6.1.2018 which is recognised and accepted in O.P. (G & W) No.1496 of 2017 be worked out by handing over and taking back custody of the minor children from Family Court, Thiruvananthapuram instead of from Family Court, Attingal. The Family Court, Thiruvananthapuram shall make necessary arrangements to ensure compliance with this order.