Shareefa Ummuhani vs Bahiyya Beevi

Kerala High Court

Shareefa Ummuhani vs Bahiyya Beevi on 14 May, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR. JUSTICE T.R.RAVI
                               &
       THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
  TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
                    OP (FC) NO.313 OF 2024
 AGAINST THE ORDER DATED 18.09.2023 IN I.A.NO.5 OF 2023 IN
      O.P.NO.750 OF 2023 OF FAMILY COURT, MALAPPURAM
                          -----
PETITIONER:

         SHAREEFA UMMUHANI, AGED 57 YEARS,
         W/O.SAYYID FASALUDHEEN, ARANGADATH,
         DHARUL KHAMAR HOUSE, CHENGATTUKAV AMSOM,
         MELUR DESOM, KOYILANDI TALUK, KOZHIKKODE
         DISTRICT, PIN - 673306.

         BY ADV.K.RAKESH



RESPONDENT:

         BAHIYYA BEEVI, D/O.MARIYAM BEEVI, SAYYID MANZIL,
         KURUVA CENTRE, KURUVA AMSOM, DESOM,
         MAKKARAPARAMBA P.O., PERINTHALMANNA TALUK,
         MALAPPURAM DISTRICT, PIN - 676507.



THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
14.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(FC) No.313 of 2024               2

                            JUDGMENT

T.R.Ravi, J.

This original petition has been filed by the grandmother of the two minor children, born to the son of the petitioner through the respondent. The petitioner seeks interim custody of the minor children. The son of the petitioner is working abroad. The Family Court already issued orders directing the respondent to produce the children on 2nd and 4th Sunday of every month before the Family Court at 10.30 a.m. so as to handover the children to the petitioner on condition that the children are to be returned at 1.00 p.m. on the same day.

We do not think that an interference with the said order is required by granting 10 days overnight custody during the summer holidays. If the petitioner wants any variation of the order of the Family Court, she is free to approach the Family Court for necessary relief. Without prejudice to the said right, this original petition is closed.

Sd/-

T.R.RAVI,JUDGE Sd/-

HARISANKAR V.MENON, JUDGE ln OP(FC) No.313 of 2024 3 APPENDIX OF OP (FC) 313/2024 PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF O.P.NO.750/2023 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, MALAPPURAM DATED 21-6-2023.

EXHIBIT P2 A TRUE COPY OF THE I.A.NO.2/2023 FILED BY THE PETITIONER IN O.P.NO.750/2023 DATED, 21-6-2023 BEFORE THE FAMILY COURT, MALAPPURAM.

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED, 18-9-2023 OF THE FAMILY COURT, MALAPPURAM IN I.A.NO.2/2023 IN O.P.NO.750/2023.

EXHIBIT P4 A TRUE COPY OF THE ORDER DATED, 18-9-2023 IN I.A.NO.5/2023 IN O.P.NO.750/2023 OF THE FAMILY COURT, MALAPPURAM.