Yasar Asharaf vs Shadiya
2021 Latest Caselaw 16986 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                        &
           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                           OP (FC) NO. 358 OF 2021
 AGAINST THE ORDER/JUDGMENT IN GOP 133/2020 OF FAMILY COURT,
                           IRINJALAKUDA, THRISSUR
PETITIONERS:

    1          YASAR ASHARAF, AGED 37 YEARS, S/O. ROYAL GARDENS'
               SHAFNA MAHAL PACHUVEETTIL ASHARAF, KOORKANCHERY
               DESOM AND P.O., KANIMANGALAM VILLAGE, THRISSUR TALUK
               AND DISTRICT-680 017.
    2          ASHARAF, AGED 65 YEARS, S/O. ROYAL GARDENS' SHAFNA
               MAHAL PACHUVEETTIL ASHARAF, KOORKANCHERY DESOM AND
               P.O., KANIMANGALAM VILLAGE, THRISSUR TALUK AND
               DISTRICT-680 017.
    3          SABIRA, AGED 56 YEARS, W/O. ROYAL GARDENS' SHAFNA
               MAHAL PACHUVEETTIL ASHARAF, KOORKANCHERY DEOM AND
               P.O., KANIMANGALAM VILLAGE, THRISSUR TALUK AND
               DISTRICT-680 017.
               BY ADVS.
               M.R.VENUGOPAL
               DHANYA P.ASHOKAN
               NIKITA SUHANESH


RESPONDENT:

               SHADIYA, AGED 31 YEARS, D/O. KOLANGATTUPARAMBIUL
               NISSAR, KATTOOR DESOM, P.O. AND VILLAGE, MUKUNDAPUAM
               TALUK, THRISSUR DISTRICT-680 702.
               BY ADVS.
               K.M.FIROZ
               M.SHAJNA

        THIS    OP   (FAMILY   COURT)   HAVING   BEEN   FINALLY   HEARD   ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC) NO. 358 OF 2021
                              ..2..




                          JUDGMENT

A.Muhamed Mustaque, J

This original petition is filed by the petitioners

challenging the denial of the interim custody in a pending

matter before the Family Court, Irinjalakuda. The Family

Court only granted contact rights through video call. The first

petitioner is the father and the respondent is the mother. In

the wedlock between the first petitioner and the respondent

two children were born. They are eight years and four years

old.

2. We directed the parties to be present before this

Court. Accordingly, the parties are present before us. The

elder son recognizes father. The second child has no

familiarization with the father. It is for the obvious reason that

the parties are residing separately for more than four years.

3. The learned counsel for the petitioners press for an

overnight custody atleast twice in a month. OP (FC) NO. 358 OF 2021 ..3..

4. The learned counsel for the respondent opposed it.

5. Taking note of the age of the elder son, we are of

the view that an overnight custody of elder son can be given to

the father on every Second Saturday at 10am till ensuing

Sunday at 4 pm. The child shall be handed over and returned

from the premises of the Family Court, Irinjalakuda. However,

we cannot grant interim custody of the 2 nd child as she has no

familiarization with the father. The father will also have the

contact rights through video call for both children as ordered

in the impugned order.

6. We direct the Family Court, Irinjalakuda to refer

the parties for mediation at the earliest.

This original petition is dispose of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

DR. KAUSER EDAPPAGATH JUDGE PR OP (FC) NO. 358 OF 2021 ..4..

APPENDIX OF OP (FC) 358/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE IA 2/2020 DATED 05/02/2020 IN GOP NO.133/2020 FAMILY COURT, IRINJALAKUDA.

Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY DATED 12/10/2019 ISSUED FROM THE DAYA HOSPITAL, THRISSUR.

Exhibit P3 TRUE COPY OF THE IA NO.2486/2019 IN OP 966/2019 PENDING BEFORE THE FAMILY COURT, IRINJALAKUDA.

Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 31/10/2019 IN IA 2486/2019 IN OP 966/2019 OF THE FAMILY COURT, IRINJALAKUDA.

Exhibit P5 TRUE COPY OF THE COUNTER DATED 04/12/2020 IN IA 2/2020 IN GOP 133/2020 OF THE FAMILY COURT, IRINJALAKUDA.

Exhibit P6 TRUE COPY OF THE ORDER DATED 07/05/2021 IN IA 2/2020 IN GOP NO. 133/2020 FAMILY COURT, IRINJALAKUDA. Exhibit P7 TRUE COPY OF THE PHOTOGRAPH RECENTLY TAKEN WHILE ENJOYING THE INTERACTION AT COURT HALL.