Research › Search › Judgment

Kerala High Court · body

2012 DIGILAW 1055 (KER)

VELAYUDHAN v. SUKUMARAN

2012-12-04

BABU MATHEW P.JOSEPH, PIUS C.KURIAKOSE

body2012
JUDGMENT Pius C. Kuriakose, J. 1. We have heard Adv. Sri. Chandradas, the learned counsel for the appellant and Adv. Sri. Mahesh, the learned counsel for the respondents. 2. Under challenge in this appeal is the order dated 19.05.2012 passed by the Family Court, Thrissur, by which weekly custody of a minor child aged 4= years is entrusted with the respondents, her matrimonial parents. The submission of Sri Chandradas was that as the child has now been admitted to Sacred Heart Convent School, Thrissur, the child has a lot of homework to do and has special classes on Saturday. So, according to the learned counsel, the present arrangement of weekend custody is causing difficulties to the child's studies. 3. Sri.Mahesh, the learned counsel for the respondents, submitted that the child is the only child of the only daughter of the respondents. According to Sri.Mahesh, the respondents are entitled to have the custody of their only grand child at least once during weekends. 4. Having considered the rival submissions addressed at the Bar and having taking into account the fact that the child is now admitted to Sacred Heart Convent School, Thrissur, we feel that the impugned order can be modified to the following extent: 1. The respondents will be entitled to have weekend custody only for one full day. The respondents can go over to the house of the appellants in the evening of every Saturday and take the child. They will be bound to return custody of the child every Sunday in the evening before 7 pm. 2. There will be a further modification that during vacations, Onam vacation, X'mas vacation and the summer vacation, the first half of each vacation, the custody of the child shall be with the respondents and the appellants can retain custody during second half. The appeal is disposed of as above.