Dr.Tahir Ahmed v. Syeda Najia

A.No.2117 of 2024 in O.P.No.1169 of 2018 C.V.KARTHIKEYAN, J.

This application has been filed by the petitioner who is the father of the two minor children seeking permission to spend time during the ensuing summer vacation with the two minor children. The summer vacation for the two children had commenced on 09.04.2024 and goes on till 25.05.2024. The children are in the custody of the respondent/mother . Incidentally it is also stated that trial process is on going.

2. Be that as it may, by this application, the petitioner/father seeks permission to have custody of the two children for a period of 20 days from 01.05.2024 to 25.05.2024. The learned counsel for the respondent however pointed out that it would also be advantageous if the children spend their week end during their holidays with the respondent/mother and further stated that the children are of tender age and consideration should be shown for that particular fact.

3. It had been proposed that the petitioner should have custody of the two minor children for a period of ten days. But, it is also required that the

children establish a bond with the petitioner and 10 days would fly away in no time. I would therefore extend discretion and grant custody of the two children to the petitioner from 01.05.2024 till 15.05.2024. The petitioner can come to the residence of the respondent on 01.05.2024 in the morning and take interim custody of the two children and drop them back at the residence of the respondent in the morning on 16.05.2024.

4. Needless to point out that the petitioner should take all responsibilities to ensure that the mental health of the children are not affected. He must exercise due sanguity during their period of stay. He must also take care of their physical needs without any discomfort to them.

5. In the interregnum period if the respondent wants to communicate with the two children or the children want to communicate with the respondent the petitioner must allow such communication either through video call or any other mode of communication. I am confident that the petitioner and the respondent would realise their respective responsibilities during this period of interim custody.

6. On the following two Sundays i.e., 18.05.2024 and 25.05.2024 the

respondent may have exclusive companionship of the two minor children. This arrangement is only for those two Sundays. Thereafter on other Sundays the order already in place would continue.

7. Petition ordered accordingly 16.04.2024 dpq

C.V.KARTHIKEYAN, J.

dpq A.No.2117 of 2024 in O.P.No.1169 of 2018 16.04.2024