Hanan vs Noufal

HANAN vs Noufal

Type Court Judgment Court Kerala Decided Mar 31, 2021

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https://sooperkanoon.com/case/1607327

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Citation: sooperkanoon.com/1607327
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Dr. Justice Kauser Edappagath
Decided On: Mar 31, 2021
Case Number: OP (FC)/129/2021

Parties & Advocates

Appellant / Petitioner

HANAN

Respondent

Noufal

Excerpt

.....mother. the short orderreads thus: “petition filed u/s. 12 of the guardian and wards act for the interim custody of minor child.matter advanced to this day. both parties present. minor son is also produced. heard both sides. petitioner is allowed to interact with the minor from 2 p.m till 3 p.m today and also allowed to interact with the minor from 10 a.m till 1 p.m on second saturdays and 4th saturdays. this arrangement will continue until further orders and it is observed that the venue of interaction will be this court premises.”2. it is apparent that the family court has passedsuch an order in view of the fact that the child has to be familiarized with the mother. it is open for the family court to pass orders in regard to the interim custody according to the circumstances of each case, considering the welfare of the children, to the satisfaction of the family court. we do not find any reason to interfere with the matter. the petitioner is at liberty to move the family court for any further orders or for modification of the above order. with these observation this original petition is dismissed. a.muhamed mustaque judge dr. kauser edappagath kp true copy judge p.a. to judge appendix petitioner's exhibits: exhibit p1 a true copy of g.o.p. no.746/2020 filed by the respondent before the hon'ble family court, irinjalakuda. exhibit p2 a true copy of the i.a.no.3/2020 in g.o.p no.746/2020 filed by the petitioner. exhibit p3 a true copy of the order dated 30.1.2020 by the hon'ble family court, irinjalakuda in i.a.no.3/2020 in g.o.p. no.746/2020.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943 OP (FC).No.129 OF 2021 AGAINST THE ORDER DATED 30.1.2021 IN IA 3/2020 IN GOP 746/2020 OF FAMILY COURT, IRINJALAKUDA PETITIONER:
HANAN AGED 28 YEARS D/O. PUNNILATH VEETIL MUHAMMED NASEER, MATHILAKAM P.O., PUTHIYAKAVU DESOM, PAPPINIVATTOM VILLAGE, KODUNGALLUR TALUK-680 685. BY ADVS. SMT.ARYA RAGHUNATH SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SHRI.P.U.VINOD KUMAR SMT.VAISAKHI V. SRI.T.M.MUHAMMED MUSTHAQ SHRI.MOHAMED HISHAM P RESPONDENT: NOUFAL AGED 35 YEARS S/O. PALLIPARAMBIL VEETIL KAREEM, KAIPAMANGALAM P.O., KALAMURI DESOM, KODUNGALLUR TALUK-680 681. BY ADV. SHRI.K.B.GANGESH THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 31.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 31st day of March 2021 A.MUHAMED MUSTAQUE, J

This original petition was filed challenging the order

passed by the Family Court, Irinjalakkuda in an interim

custody application filed by the mother. The short order

reads thus: “Petition filed u/s. 12 of the Guardian and Wards Act for the interim custody of minor child.

Matter advanced to this day. Both parties present. Minor son is also produced. Heard both sides. Petitioner is allowed to interact with the minor from 2 p.m till 3 p.m today and also allowed to interact with the minor from 10 a.m till 1 p.m on second Saturdays and 4th Saturdays. This arrangement will continue until further orders and it is observed that the venue of interaction will be this court premises.”

2. It is apparent that the Family Court has passed

such an order in view of the fact that the child has to be familiarized with the mother. It is open for the Family Court to pass orders in regard to the interim custody according to the circumstances of each case, considering the welfare of the children, to the satisfaction of the Family Court. We do not find any reason to interfere with the matter. The petitioner is at liberty to move the Family Court for any further orders or for modification of the above order. With these observation this original petition is dismissed. A.MUHAMED MUSTAQUE JUDGE DR. KAUSER EDAPPAGATH kp True copy JUDGE P.A. To Judge APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF G.O.P. NO.746/2020 FILED BY THE RESPONDENT BEFORE THE HON'BLE FAMILY COURT, IRINJALAKUDA. EXHIBIT P2 A TRUE COPY OF THE I.A.NO.3/2020 IN G.O.P NO.746/2020 FILED BY THE PETITIONER. EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 30.1.2020 BY THE HON'BLE FAMILY COURT, IRINJALAKUDA IN I.A.NO.3/2020 IN G.O.P. NO.746/2020.

Same Court & Year Kerala · 2021 Same Parties HANAN vs Noufal Same Judge Honourable Mr. Justice a.Muhamed Mustaque,Honourable Dr. Just...