IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA,
1944
MAT.APPEAL NO. 815 OF 2013
OP 65/2011 OF THE FAMILY COURT, VADAKARA
APPELLANT/PETITIONER:
UMMAR, S/O.MOIDU, AGED 46 YEARS,
THEYIPPURATH HOUSE, NADERI AMSOM DESOM,
KOYILANDY TALUK, KOZHIKODE DISTRICT.
BY ADV SRI.ZUBAIR PULIKKOOL
RESPONDENT/RESPONDENT:
SAFREENA,
AGED 33 YEARS,
S/O.MOIDEEN KOYA, KAVU VALAPPIL HOUSE,
ELATHUR AMSOM DESOM, KOZHIKODE TALUK,
PIN-673303.
BY ADV SMT.K.DEEPA PAYYANUR
THIS MATRIMONIAL APPEAL HAVING COME UP FOR
ADMISSION ON 10.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Mat.Appeal No.815 OF 2013 2
JUDGMENT
A.Muhamed Mustaque, J.
This Mat. Appeal arises from the judgment of the Family Court, Vatakara, in a custody matter. The appellant is the petitioner before the Family Court. In the wedlock with the respondent, three children were born to the appellant. They were aged 5 and 3 years at the time of filing of the petition in the year 2011. Now perhaps they have attained age of 16 and 14 years. The Family Court did not grant any relief to the appellant/petitioner. This is how the appellant/petitioner approached this Court.
2. We heard both sides.
3. We perused the judgment dated 16.07.2013. It has to be noted that the respondent, who was examined as RW1, in cross-examination, had stated that she has no Mat.Appeal No.815 OF 2013 3 objection in appellant seeing his children. However, she objected to giving custody to the appellant for the reason that he was a drunkard.
4. At this point of time, we can't think about granting an overnight custody or long duration custody to the appellant, especially he has not developed any familiarity with the children. However, we are of the view that the appellant can be given contact rights to the children. The Family Court ought not to have dismissed the original petition as such. To the best interest of the children, it is appropriate that they should also build intimacy with their own father. Accordingly, we allow the appellant to meet the children from the premises of the Family Court, Vatakara, on every second Saturday between 3.00 p.m to 4.30 p.m. If the appellant is of the view that he should be given custody based on the intimacy with the children, he can move the Family Court, Mat.Appeal No.815 OF 2013 4 Vatakara, in future for modification of the present judgment.
With the slight modification of the impugned judgment as above, we dispose this appeal.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
SOPHY THOMAS JUDGE DSV/11.08.2022