JUDGEMENT
VINOD CHANDRAN,J. -
(1.)The writ petition is filed challenging Ext.P5 order of the Family Court. The first relief prayed
for is to set aside Ext.P5. The second relief prayed
for is to give custody of the eldest minor child to
the petitioner-mother. We notice from Ext.P5 order
that the learned Family Court had considered the
matter in its entirety and bi-weekly custody was
allowed to the petitioner.
(2.)The learned Counsel for the petitioner submits that the respondent-father is bipolar.
However, the child was with the father when the
petition was filed before the Family Court by the
mother. The learned Family Court Judge has also
observed that the issue of bipolar disorder would be
considered during trial after adducing evidence;
which at this stage would not be possible.
(3.)The parties have three children in their wedlock, all minors. Earlier the issue of interim
custody of the eldest child was considered in Ext.P2
order of the Family Court. After interacting with the
child as also noticing the fact that he is studying
in a school near to his maternal grandparent's home
it was opined that the custody as it existed then
need not be disturbed. The father who took the child
a month before, was directed to handover the child
to the mother, till the completion of the academic
year 2019-20. After the academic year 2019-20, in the
present academic year the eldest child has been
admitted to a school by the father near his
residence. The father is now having custody of the
eldest child and two other younger children are with
the mother, who has housed them with their maternal
grandparents.
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