Sheeja R. Sunu vs Rajeev I. Sunu

R. Basant, J.—Parties are divorced spouses. The bone of contention is the custody of two minor children. Parties had already settled their disputes and a joint petition was filed. It was accepted and the disputes were settled in an earlier proceedings before this Court.

Coming to the present controversy, as per the stipulations therein the spouses are entitled to the custody of the children equally during the vacations. At the time when the compromise petition was filed it was not specified, which half of the vacation will be due to either spouses and on that the present controversy is raised.

For the ensuing Onam vacation, both had claimed for custody of the children during the first half. The Onam vacation starts from 20th to 29th of August, 2010. The respondent had claimed the custody of the children from the 26th to the 29th of August, 2010. In reply to that petition before the Family Court, it was contended by the petitioner/mother of the children that arrangements have already been made to take the children on holidays to Sikkim and that the children will be reaching back Kerala at the Nedumbassery Airport on the morning of 27th by a flight which lands at 8 a.m. The respondent had prayed that the children may be permitted to be with him on the 27th to enable him to attend the family function at U.C College Auditorium at Aluva on the 27th of August, 2010 at 10 a.m. The court below did not accept the request of the petitioner and directed that the children be surrendered before the Family Court on 26.08.2010 at 10 a.m. The petitioner has rushed to this Court with this petition with the submission that if the said directions were to be followed, that would upset the vacation planned at Sikkim.

This petition was admitted. Notice was ordered to the respondent. The respondent has entered appearance through counsel. We have discussed with the counsel. We find that the Counsel have arrived at broad understanding and agreement on the manner in which the request of both sides can be accommodated.

This Writ Petition is accordingly allowed. In supersession of the directions issued by the Family Court, it is directed that both the children shall be handed over to the respondent by the petitioner at the Nedumbassery International Airport immediately after the flight lands at 8 a.m on 27.08.2010. The children shall be returned to the petitioner on the 29th of August, 2010 at the residence of the petitioner at Calicut.

There is a submission by both Counsel that the want of stipulation as to which half of the vacation either spouse can have the custody of the children is causing difficulties during every vacation. We are informed that a petition is pending before the Family Court for directions regarding the apportionment of the vacation between the parties. There are also other disputes which have been narrated before us in detail. We are not embarking on an attempt to narrate those controversies. Suffice it to say that the parties can seek appropriate directions from the Family Court and the Family Court shall issue appropriate further directions reckoning that the order passed on settlement has been passed by the Family Court itself.