Abdul Jaleel.M vs Nazeeha. A. Jaleel
2022 Latest Caselaw 11669 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                               &
         THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
 TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
                   O.P.(FC) NO. 698 OF 2022
SPEEDY DISPOSAL OF I.A.NO.2 OF 2022 IN G.O.P.NO.2962 OF 2022
          ON THE FILE OF THE FAMILY COURT,THRISSUR
PETITIONER:

          ABDUL JALEEL M.,
          AGED 62 YEARS, S/O.UMMAVU,
          MANGALATHAYYIL HOUSE, KOCHANNOOR, VADAKKEKKAD
          VILLAGE, CHAVAKKAD, THRISSUR - 679562, NOW
          RESIDING IN U.A.E., REPRESENTED BY THE POWER OF
          ATTORNEY HOLDER SHIHABUDHEEN A.A, AGED 42 YEARS,
          S/O. ABDUTTY, ANDIKKOTTIL HOUSE, EDAKKAZHIYOOR,
          CHAVAKKAD, THRISSUR, PIN - 679562.
          BY ADVS.
          K.K.DHEERENDRAKRISHNAN
          N.P.ASHA


RESPONDENTS:

    1     NAZEEHA A. JALEEL,
          AGED 31 YEARS, D/O. ABDUL NAZER,
          KADAPAKATH HOUSE, P.O. KADAVANADU, PONNANI TALUK,
          MALAPPURAM, PIN - 679586.
    2     SHAJID P.M.,
          AGED 39 YEARS, S/O. MUHAMMED,
          PUZHAKKARA ILLATHU HOUSE, P.O. THOYKKAVU,
          VENGIDANGU VILLAGE, CHAVAKKAD TALUK, THRISSUR,
          PIN - 680513.
                                2
O.P.(FC) No.698 of 2022



     3       FATIMAH ZAHARAA,
             AGED 7 YEARS, C/O ABDUL JALEEL, MANGALATHAYYIL
             HOUSE,KOCHANNOOR,VADAKKEKKAD VILLAGE,
             CHAVAKKAD, THRISSUR 679562, NOW RESIDING IN
             UAE, PIN - 679562.

         THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 20.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                       3
O.P.(FC) No.698 of 2022



                              JUDGMENT

P.G.Ajithkumar, J.

The grandfather of the minor child, Fatimah Zaharra,

aged 7 years is the petitioner. He has filed G.O.P.No.2962 of

2022 before the Family Court, Thrissur, seeking to appoint and

declare him the guardian of the child. He also seeks

permission to renew the Visa of the child, which is expiring on

29.12.2022. The grievance of the petitioner is that

O.P.No.2962 of 2022 was transferred from the Family Court,

Thrissur to the Family Court, Kunnamkulam, which has been

established anew and no hearing date of the case is not yet

obtained. Since urgent orders are required in regard to the

extension of Visa, the petitioner has filed this Original Petition

under Article 227 of the Constitution of India seeking a

direction to the Family Court, Thrissur to consider and dispose

of Ext.P7, which was filed by the petitioner for an interim

order in the matter.

2. Considering the nature of relief proposed to be

granted, service of notice on the respondents is dispensed with.

O.P.(FC) No.698 of 2022

3. Heard the learned counsel appearing for the

petitioner.

4. Marriage of the parents of the minor was

separated. The petitioner contends that as agreed by both

the parents, the child is placed in the custody of the

petitioner. Since the petitioner is employed in U.A.E., the

child was taken along with him. Visa of the child is expiring

on 29.12.2022 and if Visa is not renewed before the said

date, it would be difficult for the child to stay in U.A.E. and

pursue her studies.

5. Considering the submissions of the learned counsel

appearing for the petitioner, we are of the view that urgent

consideration of Ext.P7 application is required. It is stated that

although G.O.P.No.2962 of 2022 was transferred to the Family

Court, Kunnamkulam, it is yet to be taken on board.

6. In such circumstances, we direct the Judge, Family

Court, Thrissur, who is holding the charge of Family Court,

Kunnamkulam to consider Ext.P7 application and take a

decisions on it within five days.

O.P.(FC) No.698 of 2022

The Original Petition is disposed of with the aforesaid

directions.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE dkr

O.P.(FC) No.698 of 2022

APPENDIX OF OP (FC) 698/2022

PETITIONER EXHIBITS EXHIBIT-P1 A TRUE COPY OF THE POWER OF ATTORNEY DATED 21.11.2022 ATTESTED BY THE CONSULATE GENERAL OF INDIA, DUBAI EXHIBIT-P2 A TRUE COPY OF THE CONSENT LETTER DATED 25.11.2021 ISSUED BY THE 1ST RESPONDENT EXHIBIT-P3 A TRUE COPY OF THE CONSENT LETTER DATED 15.12.2021 EXECUTED BEFORE THE INDIAN EMBASSY, ABUDABI EXHIBIT-P4 A TRUE COPY OF THE VISA WITH ENTRY PERMIT NO. 301/2022/114/0064173 DATED 31.10.2022 ISSUED TO THE MINOR CHILD FATIMAH ZAHARRA EXHIBIT-P5 A TRUE COPY OF THE REPORT DATED 05.08.2022 SUBMITTED DISTRICT CHILD PROTECTION OFFICER, THRISSUR EXHIBIT-P6 TRUE COPY OF THE GOP NO. 2962/2022 PENDING BEFORE THE FAMILY COURT, THRISSUR EXHIBIT-P7 A TRUE COPY OF THE IA NO. 2/2022 DATED 24.11.2022 IN GOP NO. 2962/2022 PENDING BEFORE THE FAMILY COURT, THRISSUR