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Kerala High Court
Famita Abdul Latheef vs Dr. Hasim Ahmed on 7 May, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
OP (FC) NO. 298 OF 2024
I.A.NO.9/2024 IN GOP NO.653 OF 2023 OF FAMILY COURT, ALUVA
PETITIONER:
FAMITA ABDUL LATHEEF,
AGED 32 YEARS
D/O ABDUL LATHEEF, FLAT NO.A42, RIVIERA SUITES ,
THEVARA FERRY ROAD,THEVARA, PIN - 682013
BY ADVS.
T.M.RAMAN KARTHA
MANJU R. KARTHA
SYAMA MOHAN
RESPONDENT:
DR. HASIM AHMED,
AGED 35 YEARS S/O DR.AHMEDKAROTHUKUZHY RIVER SIDES,
PULINCHODE, ALUVA P.O., ERNAKULAM, PIN - 683101
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
07.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(FC) NO.298/2024 2
JUDGMENT
Dated this the 07th day of May, 2024 Gopinath.P., J.
The petitioner has approached this Court being aggrieved by the fact that no orders are being issued on Ext.P2 I.A.No.9 of 2024 filed by the petitioner in Guardian O.P.No.653 of 2023 before the Family Court, Aluva, though the prayer in that application relates to custody of minor children during summer vacation and though the interlocutory application was filed as early as on 23.03.2024. This Court had called for a report from the Family Court, Aluva, and the report shows that no orders have been passed on I.A.No.9 of 2024 in G.O.P.No.653 of 2023.
2. The learned counsel for the petitioner states that though the interlocutory application was posted today, the Family Court has not passed any orders on the interlocutory application even today. It is submitted that the learned OP(FC) NO.298/2024 3 Family Court Judge opined that if orders are to be issued on I.A.No.9 of 2024, the petitioner must obtain orders from this Court as the petitioner had already approached this Court.
3. Having heard the learned counsel for the petitioner and having regard to the facts and circumstances of the case, we are of the view that this Original Petition can be disposed of without notice to the respondent. Since I.A.No.9 of 2024 in G.O.P.No.653 of 2023 is one filed for interim custody of minor children during summer vacation, it was incumbent on the part of the Family Court to have passed orders on the said interlocutory application without delay. The summer vacations are concluding shortly and therefore, it is necessary that a direction be issued to the Family Court, Aluva, to pass orders on I.A.No.9 of 2024 in G.O.P.No.653 of 2023 without any further delay.
4. Since it is reported that I.A.No.9 of 2024 in G.O.P.No.653 of 2023 is listed for consideration on 13.05.2024, it is directed that suitable orders shall be passed on the interlocutory application after affording an opportunity OP(FC) NO.298/2024 4 of hearing to both sides and if hearing has already been concluded, without further hearing on 13.05.2024 itself.
The Original Petition is ordered accordingly.
Sd/-
GOPINATH P. JUDGE Sd/-
SYAM KUMAR V.M. JUDGE csl OP(FC) NO.298/2024 5 APPENDIX OF OP (FC) 298/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE OP NO. 653/2023 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ALUVA Exhibit P2 TRUE COPY OF THE I A NO. 9/2024 FILED BY THE PETITIONER IN OP NO. 653/2023 Exhibit P3 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT IN I.A. NO. 9/2024 Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF PROCEEDINGS DATED 15.4.2024 OF FAMILY COURT ALUVA Exhibit P4(a) TRUE COPY OF THE RELEVANT PAGE OF PROCEEDINGS DATED 22.4.2024 OF FAMILY COURT ALUVA Exhibit P4(b) TRUE COPY OF THE RELEVANT PAGE OF PROCEEDINGS DATED 27.4.2024 OF FAMILY COURT ALUVA