AMBILI K.P. Vs. VINOD T.N.

JUDGEMENT

(1.) The petitioner herein is the respondent in O.P(G&W).No.6972019 filed before the Family Court, Ernakulam, in which the respondent herein is the petitioner therein. The petitioner and the respondent are the divorced spouses. The petitioner is now remarried. The minor son, viz., Alok Sharma, aged 12 years, has been born in the wedlock between the abovesaid parties. For the sake of convenience the petitioner herein and the respondent herein are described as father and mother respectively.

(2.) Earlier in the course of certain criminal proceedings which were initiated against the respondent-father, an agreement was arrived at between the above parties as reflected in Ext.P-3 memorandum of agreement dated 24.7.2013 which was finalised before the mediation centre attached to this Court in B.A.Nos.4713 and 4553 of 2013. The relevant condition as regards the custody of the child is dealt with in paragraph 3 of Ext.P-3 mediation agreement, which reads as follows 3. The child Alok Sharma born in the wedlock shall be in the permanent care and custody of the mother (Ambili) and the father (petitioner) shall be given interim custody of the son on all second Saturday at 900 A.M. and he shall hand over the child on the ensuing Sunday at 600 P.M. The venue for the same shall be at Kottakkal, Changuvetty bus stop in Malappuram District. The petitioner is entitled to the custody of the son during the Onam and Christmas holidays and also 1st half of the summer vacation of each months.

(3.) It is beyond dispute that both parties were honouring the said agreement till December, 2018. Thereafter, when custody of the child was not given to the father, he had approached the Family Court by filing the O.P(G&W).No.6972019 before the Family Court in which the impugned Ext.P-5 interim order dated 10.4.2019 was rendered by the Family Court in I.A.No.15752019 in O.P(G&W).No.6972019, whereby the Family Court had directed that the interim custody of the child should be granted for a period of one month for the present summer vacation in terms of Ext.P-3 agreement. It is this order at Ext.P-5 that is under challenge in this Original Petition filed under Article 227 of the Constitution of India.