The family court order cited the contentions made bythe five-year-old child's father that she had not undergonemedical check up and violated the rules of quarantine afterher return from the Gulf nation in March. A Division Bench of the High Court, comprising JusticesAnu Sivaraman and M R Anitha, on Tuesday allowed her plea andordered granting her 15-day interim custody of her child,admitting the contention filed by her counsel that the womanunderwent COVID-19 test on May 8 and the result was negative.
"The fact that the petitioner is working abroadis not in dispute.It is also not seen to be disputed that shewill have to go back when the lockdown is lifted.
The thirst of a mother to see the child after a longwhile is also quite imaginable.
Taking into account the peculiar facts andcircumstances, we are of the considered view that interimcustody of the minor child shall be given to the petitionermother for a period of 15 days," the court said in its order.
Earlier, the family court had granted the custodyof the minor child to the father with visitation rights to themother as and when she visited Kerala.
When she came down to Kerala on March 7, 2020,she filed a petition seeking interim custody of the child butconsidering the situation prevailing then in Kerala, thefamily court was not inclined to grant her the custody.
The family court had dismissed the petitionin view of the objection raised by the child's father that thewoman had come from Saudi Arabia,not undergone medical checkup and had violated the rules of quarantine.
It was also contended that handing over custody poseda danger to the boy's life at a time when COVID-19 cases werebeing reported in Idukki.
Challenging the lower court order, the womansubmitted as and when the lockdown was over, she will have toreturn to her work place and join duty and she will be deniedan opportunity to spend time with her son.
She also produced the certificate issued fromthe district hospital, Thodupuzha, stating that it wouldcertify that the COVID-19 test done on May 8 was negative.COR TGB BNWELCOME BNWELCOME