Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 MAT.APPEAL NO. 414 OF 2022 IA 4/2022 IN OP 73/2021 OF THE FAMILY COURT, IRINJALAKKUDA APPELLANT/RESPONDENT: SANUBA, AGED 32 YEARS, D/O. SALIM, THANATHUPARAMBIL HOUSE, PUTHENCHIRA VILLAGE, MANIYANKAVU DESAM, MUKUNDAPURMA TALUK, THRISSUR DISTRICT 680 682. V.N.SANKARJEE P.M.ABDUL JALEEL (KODUNGALLUR) RESPONDENT/PETITIONER: JALAL, AGED 49 YEARS, S/O. HYDROSE, PALAKKAL HOUSE, INCHAMUDY VILLAGE, INCHAMUDY P.O., THRISSUR TALUK, THRISSUR DISTRICT - 680 564. NIRMAL S VEENA HARI(K/775/2006) THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mat.Appeal No.414 of 2022
JUDGMENT
A.Muhamed Mustaque, J.
The original petition was filed challenging an interim order in regard to the interim custody of the minor children born in the wedlock of the parties. There was an attempt for a settlement; but the same appears to have not been worked out. It appears that an order has been passed in an application in the main petition filed by the husband for restitution of conjugal rights. The parties are Muslims. The Family Court will have to consider whether restitution of conjugal rights application is maintainable or not.
2. Be that as it may, as it appears that one of the reliefs relates to
giving custody during summer vacation has already been worked out and other relief may not have much impact on the custody now being maintained by the mother-the petitioner herein. We don’t want to interfere with the impugned order now. The original petition is disposed of. A.MUHAMED MUSTAQUE SOPHY THOMAS DSV/01.06.2023.