Kerala High Court
Abdul Naser vs Benaseer Latheef Naser on 4 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH
THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942
OP (FC).No.542 OF 2020
AGAINST THE ORDER DATED 24.11.2020 IN IA 1239/2020 IN OP 946/2016
OF FAMILY COURT,KOZHIKODE
PETITIONER/PETITIONER/PETITIONER:
ABDUL NASER
AGED 44 YEARS
S/O. KUNHUMUHAMMAD MUSALIYAR, DUE, NEDUNGOTTUR P.O,
NADUVATTOM, PATTAMBI, PALAKKAD DISTRICT - 679308.
BY ADVS.
SRI.AJEESH K.SASI
SRI.M.REVIKRISHNAN
SRI.P.M.RAFIQ
SRI.V.C.SARATH
SRI.VIPIN NARAYAN
SMT.POOJA PANKAJ
SRUTHY N. BHAT
RESPONDENT/RESPONDENT/RESPONDENT:
BENASEER LATHEEF NASER
AGED 42 YEARS
D/O.M. ABDUL LATHEEF, 5/1575 P1. PRIMROSE,
JAWAHARNAGAR, ERANHIPPALAM P.O, KOZHIKODE TALUK,
673006.
BY ADV. SRI.P.K.NIJOY
BY ADV. KUM.A.V.AISWARYA
BY ADV. SRI.REJOICE B.CHEMBAKASSERIL
BY ADV. SMT.K.R.REMYA (KARUKAYIL)
BY ADV. SMT.C.PRABITHA
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 04-03-
2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC).No.542/2020
2
JUDGMENT
Dated this the 4th day of March 2021
A.MUHAMED MUSTAQUE, J
This original petition was filed by the petitioner in
O.P.No.946/2016 on the files of the Family Court, Kozhikode
challenging the order dated 24.11.2020 in I.A.No.1239/2020.
By the said order, the Family Court permitted the
petitioner to contact the younger two children through
voice or video calls every Sunday in between 7 pm and 7.15
pm. Dissatisfied with the above order, the petitioner has
approached this Court.
2. It is submitted by the learned counsel for the
petitioner that evidence has already been adduced and the
matter is scheduled for hearing. It is further submitted
that the petitioner is working in Qatar.
3. What is challenged before this Court is only an
interim order. The Family Court can finally take a decision
in regard to the right of the petitioner. The petitioner
is at liberty to take up all contentions raised in this
original petition before the Family Court as well. We will
O.P.(FC).No.542/2020
not be justified in interfering with the above order at
this stage of the proceedings.
With the above liberty to the petitioner, this OP(FC)
is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
Dr. KAUSER EDAPPAGATH
kp True copy JUDGE
P.A. To Judge
O.P.(FC).No.542/2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORIGINAL PETITION FILED
BY THE PETITIONER AS OP NO. 946/2016 BEFORE
THE FAMILY COURT, KOZHIKKODE.
EXHIBIT P2 A TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT IN OP NO.946/2016 OF THE FAMILY
COURT, KOZHIKKODE.
EXHIBIT P3 A TRUE COPY OF THE INTERIM CUSTODY
APPLICATION DATED 9.11.2020 FILED BY THE
PETITIONER AS IA NO. 1239/2020 IN OP NO.
946/2016 BEFORE THE FAMILY COURT,
KOZHIKKODE.
EXHIBIT P4 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED
BY THE RESPONDENT IN IA NO. 1239/2020 IN OP
NO. 946/2016 BEFORE THE FAMILY COURT,
KOZHIKODE.
EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 24.11.2020
IN IA NO. 1239/2020 IN OP NO. 946/2016 OF
THE FAMILY COURT, KOZHIKKODE.
EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED 9.7.2019
IN CC NO. 747/2016 OF THE COURT OF THE
JUDICIAL FIRST CLASS MAGISTRATE IV,
KOZHIKKODE.
EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 14.12.2016
IN BAIL APPLICATION NO. 8720/2016 OF THE
HIGH COURT OF KERALA.
