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Judgment
R.S. Dalvi, J.—The petitioner who is the mother of the minor child Ricardo, has challenged the order dated 15.11.2008 taking custody of the child from her and handing it over to the respondent, who is the father of the minor child. The main contention of the father, who applied for custody, was that the mother was keeping late hours in her professional work and lived with a partner who had a child from his previous marriage.
The child is 10 years old. He has been interviewed by the Court. He was demonstrated a fair amount of intelligence, understand and maturity. He has accepted the relationship and the present position of both his parents. This is not one case in which the child has suffered any trauma at the hands of either parent. He deserves to have the care, attention, upbringing and affection from both parents, who are also interviewed by the Court, and who appear to be educated, cultured and understanding persons.
Both parties have agreed upon certain terms with regard to the custody of the child. The terms are reasonable and may be allowed. They are set out herein below:
Out of the wedlock, the petitioner and the respondent had one child named Ricardo and the petitioner and the respondent shall have custody of the child as follows:
a) Ricardo shall be with the mother during all the school days, that is, from Monday to Friday.
b) Ricardo shall be with the father for every alternate weekend, that is to say, from 5.00 p.m. on Friday till 7.30 p.m. on Sundays. The father shall have the right to pick up Ricardo at 5.00 p.m. on Fridays and the mother shall collect the child at 7.30 p.m. on Sundays.
c) Ricardo shall be with the father every Wednesday evening from 5.00 p.m. to 7.30 p.m.
d) All Ricardo''s vacations shall be shared by the parents as follows:
(i) During the summer vacations Ricardo shall be in the custody of father and the mother every alternate fortnight starting with the father.
(ii) During Ganesh, Diwali, Christmas and any other vacations Ricardo shall be with the father for the first half of the vacations and with the mother in the second half of the vacation.
On Christmas day Ricardo will have lunch with the mother this year and dinner with the father. The lunch arrangement on Christmas day will be altered every subsequent year.
The present summer vacations shall be shared as follows:
Ricardo will be with the father from 8th May, 2009 up to 25th May, 2009 and she shall be with the mother from 26th May, 2009 to 2nd June, 2009.
(iii) As Ricardo will be with the mother during all the school days throughout the year, Ricardo shall be with the father on public holidays in the middle of the week.
(iv) On Ricardo''s mother''s birthday, he shall be with the mother. On Ricardo''s father''s birthday, he shall be with the father.
(v) Ricardo''s birthday shall be celebrated alternately by the mother and the father every alternate year. When Ricardo''s birthday is celebrated by the mother, the father shall be entitled to be with Ricardo for one and half hour from 5.00 p.m. to 6.30 p.m. On the day Ricardo''s birthday is celebrated by the father, the mother shall be entitled to be with Ricardo for one and half hour from 5.00 p.m. to 6.30 p.m. This year Ricardo shall celebrate his birthday with the father since he has been celebrating his birthday with the mother.
(vi) Both the parents shall be entitled to attend the Parents'' Teachers'' Association meetings, Open House days, school functions, sports days, concert days and shall be entitled to interact with the school authorities to ensure Ricardo''s progress.
(vii) Both the parents agree that Ricardo has a talent and keen interest in sports and drawing/paining and they agree to give all incentives for his training, coaching and learning and arrange to enrol him for that purpose and drop him at and pick him up from, the respective place.
(viii) Both the parents shall ensure Ricardo''s attendance of Catechism classes and Sunday obligations. In the event any of the parents is unable to do so due to any other commitment, he/she shall request the assistance of the other parent.
(ix) Both parents agree to maintain Ricardo''s health records and shall share information particularly in the event of Ricardo falling sick. Any major decision such as surgery etc. shall be taken jointly.
(x) The parents agree to share equally the medical expenses and expenses towards educational, sports and art development of the child more specifically to share expenses for school fees, books, uniform, reading material, stationery, transport to school, food provided by the school, clothes and sport items equally.
It is hoped that parties put an end to their entire remaining dispute also.