Kerala High Court
Against The Order/Judgment In Mc ... vs By Adv. Smt.M.P.Sunitha Beegum on 29 January, 2021
O.P(Crl)12 of 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942
OP(Crl.).No.12 OF 2021
AGAINST THE ORDER/JUDGMENT IN MC 57/2020 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -III,PALAKKAD
PETITIONER
RENEESHA P.V
AGED 31 YEARS
D/O. ABDUL RASHEED, DARUL SALAM, VIJAYAPURAM
COLONY, KALLIKKAD, PALAKKAD.
BY ADV. SMT.M.P.SUNITHA BEEGUM
RESPONDENT/S:
1 SHAMSUDDEEN RAJA ABDUL KHADER
S/O. ABDUL KHADER, 4A, 4TH FLOOR, BEHIND INDIAN
BANK COMPLEX, SAI NAGAR, PODANNUR MAIN ROAD, R.V.
ABODE FAIRY LAND APARTMENTS, COIMBATORE 641023.
2 ABDUL KHADER
4A, 4TH FLOOR, BEHIND INDIAN BANK COMPLEX, SAI
NAGAR, PODANNUR MAIN ROAD, R.V. ABODE FAIRY LAND
APARTMENTS, COIMBATORE-641 023.
3 SHAMEENA,
W/O. ABDUL KHADER, 4A, 4TH FLOOR, BEHIND INDIAN
BANK COMPLEX, SAI NAGAR, PODANNUR MAIN ROAD, R.V.
ABODE FAIRY LAND APARTMENTS, COIMBATORE 641 023.
4 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031
OTHER PRESENT:
AJITH MURALI- P.P
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(Crl)12 of 2021 2
JUDGMENT
This petition is filed by the petitioner in M.C.No.57/2020 pending
before the Judicial First Class Magistrate Court-III, Palakkad. The relief
sought for by the petitioner herein is as follows:
I) To issue a direction to the Judicial First Class Magistrate
Court No.III, Palakkad to consider Exhibit P4 and to pass appropriate
orders within a time frame,
ii) To issue a direction to the JFCM-III, Palakkad to direct the
respondents 1 to 3 to handover the interim custody of the minor child
named Armaan Marzuq, aged 2 years and 10 months old to the
petitioner.
2. Heard the learned counsel for the petitioner.
3. The learned counsel for the petitioner has submitted that the
petitioner who is the mother of the minor child aged 2 years and 10
months has filed Crl.M.P No.2529/2020 in M.C.No.57/2020 as early as
on 11.9.2020. But so far no order has been passed by the court
regarding custody of the minor child aged only 2 ½ years. Pursuant to
the direction of this Court a report has been submitted by the learned
Judicial First Class Magistrate-III stating that an application is pending
before the High Court of Madras regarding the custody of the child.
But in the report it is not stated whether any order has been passed
by the High Court of Madras in the petition filed by the respondent
herein, who is the father of the minor child. Therefore there is no
justification for the delay in disposing of Crl.M.P No.2529 of 2020 filed
in M.C No.57/2020. As the issue is regarding the interim custody of a
minor child, the court below shall dispose of the petition submitted by
her within a period of two weeks from the date of receipt of a copy of
this judgment.
The Original Petition is disposed of.
Sd/-
SHIRCY V.
smm JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE MARRIAGE CERTIFICATE
DATED 16.05.2012 ISSUED BY THE MARRIAGE
REGISTRAR PALAKKAD MUNICIPALITY.
EXHIBIT P2 A TRUE COPY OF THE BIRTH CERTIFICATE DATED
18.11.2017 OF THE MINOR DETENUE.
EXHIBIT P3 A TRUE COPY OF THE PETITION IN MC NO.
57/2020 DATED 11.9.2020 BEFORE THE JFCM-
III, PALAKKAD.
EXHIBIT P4 A TRUE COPY OF THE INTERIM APPLICATION IN
CRL. M.P. 2529/2020 DATED 11.09.2020 BEFORE
THE JFCM-II PALAKKAD.
