A 45-year-old woman, a nurseworking in Saudi Arabia, has secured interim custody of her minor son after the Kerala High Court allowed her plea challenging a Family Court order declining it on the ground that she had not undergone COVID-19 test.The family court order cited the contentions made by the five-year-old child's father that she had not undergone medical check up and violated the rules of quarantine after her return from the Gulf nation in March.A Division Bench of the High Court, comprising Justices Anu Sivaraman and M R Anitha, on Tuesday allowed her plea and ordered granting her 15-day interim custody of her child, admitting the contention filed by her counsel that the woman underwent COVID-19 test on May 8 and the result was negative."The fact that the petitioner is working abroad is not in dispute.It is also not seen to be disputed that she will have to go back when the lockdown is lifted.The thirst of a mother to see the child after a long while is also quite imaginable.Taking into account the peculiar facts and circumstances, we are of the considered view that interim custody of the minor child shall be given to the petitioner mother for a period of 15 days," the court said in its order.Earlier, the family court had granted the custody of the minor child to the father with visitation rights to the mother 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 but considering the situation prevailing then in Kerala, the family court was not inclined to grant her the custody.The family court had dismissed the petition in view of the objection raised by the child's father that the woman had come from Saudi Arabia,not undergone medical check up and had violated the rules of quarantine.It was also contended that handing over custody posed a danger to the boy's life at a time when COVID-19 cases were being reported in Idukki.Challenging the lower court order, the woman submitted as and when the lockdown was over, she will have to return to her work place and join duty and she will be denied an opportunity to spend time with her son.She also produced the certificate issued from the district hospital, Thodupuzha, stating that it would certify that the COVID-19 test done on May 8 was negative.
