The High Court said that it is not believing either version of events at present.
However, it said that the language used by the family court judge was condemnable.
It also said that the family court was wrong in assuming that just because the petitioner left the house and was then seen with another man, it cannot jump to the conclusion that she was bad for the child’s welfare.
“There may be many circumstances when one may have to leave the matrimonial home. If a woman is found with another person, it cannot lead to an assumption that she went for pleasure. The moral judgment reflected in such orders would defeat the objective of inquiry in the matters of child custody,” the Court said in its judgment.
Therefore, the High Court set aside the family court order and granted cyclical custody of the child to both parents.
“Taking note of the facts and circumstances, we are of the view that cyclical custody to parents would be in the best interest of both. We give custody to the mother on alternate Fridays at 5 pm till the next Friday at 5 pm. The child shall be handed over and returned from the premises of the family court, Alappuzha,” the Court ordered.
Source: Barandbench
