(1.) In this original petition filed under Article 227 of the constitution of India, the petitioner is challenging Ext.P3 order passed by the Family Court, Kollam in I.A.No.1971/2018 in O.P. (G & W) 1294/2017, dated 11.07.2018. Inter alia, the petitioner is seeking direction to the Family Court to grant interim custody of the minor children of the parties to the petitioner from 10 a.m to 5 p.m on 23.07.2018.
(2.) Brief facts are that, the petitioner and the respondent are husband and wife. They are having two children (twin children) born out of the wedlock, namely Sreenikesh and Sreenika Devi, who are now aged about 2 years. The parties are living separated due to matrimonial discord since June 2017. The petitioner filed O.P (G&W) No.1294/2017 before the Family Court for appointing himself as the guardian of the children and for getting custody of them. It is stated that, based on an interim order passed by the Family Court, custody of the minor children were given to the petitioner from 11 a.m till 4 p.m on an earlier occasion. Subsequently, on 07.07.2018 also such custody was given from 11 a.m till 3 p.m. I.A.No.1971/2018 was filed before the Family Court seeking custody of the children on 23.07.2018, since their birthday is on the said date. The petitioner requested custody of the children stating that, he wants to celebrate the birthday of the children and also wants to take them to a temple for worship. But the respondent filed objection mainly contending that, while the petitioner was given custody of the children on 28.04.2018 one of the wards sustained an injury on the forehead, due to the negligence and carelessness on the part of the petitioner. According to her, the present petition seeking interim custody was filed only to harass her and also to put hardships to the minor wards.
(3.) The Family Court on considering I.A.No.1971/2018 found that it is not desirable to give custody of the minor wards to the petitioner on the day of their birthday. It was found that the wards will be enjoying their birthday with the mother, rather than with their father. The court found that if the petitioner is desirous of having company of the wards on their birthday, he can visit them in the house where they are staying at present. It was directed that the respondent will make necessary arrangements for such visit. With such observations, the interim application was dismissed. It is challenging the said order the above original petition is filed.