Muhammedali Shihabudheen vs Musaina V
2022 Latest Caselaw 2172 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
                  THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
        Thursday, the 24th day of February 2022 / 5th Phalguna, 1943
                 IA.NO.1/2022 IN MAT.APPEAL NO. 145 OF 2022
                  OP 307/2019 OF FAMILY COURT, MALAPPURAM
PETITIONER/APPELLANT:

     MUHAMMEDALI SHIHABUDHEEN, AGED 39, S/O. USMAN, ARABI HOUSE, PACHERI,
     MANNARMALA POST, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT - 679321,
     REPRESENTED BY POWER OF ATTORNEY HOLDER, FATHIMA, AGED 58, W/O.
     USMAN ARABI, ARABI HOUSE, PACHERI, MANNARMALA POST, PERINTHALMANNA
     TALUK, MALAPPURAM DISTRICT - 679321.

RESPONDENTS/RESPONDENTS:

     MUSAINA V., AGED 26, W/O. MUHAMMEDALI SHIHABUDHEEN, VILIKKATHIL
     HOUSE, RAMAPURAM POST, RAMAPURAM AMSOM DESOM, PERINTHALMANNA TALUK,
     MALAPPURAM DISTRICT - 679350 (ADDRESS DISPUTED)

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay operation of
Common Judgment dated 29.10.2021 in O.P.No.307 of 2019 passed by the
Honourable Family Court, Malappuram, pending disposal of the above appeal.
     This Application coming on for orders, upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of MR.E.C.AHAMED FAZIL, Advocate for the applicant, the court passed the
following:




                                                     P.T.O.
                                A.MUHAMED MUSTAQUE &
                                 SOPHY THOMAS, JJ.
                ----------------------------------------------
                               I.A.No.1 of 2022
                                       &
                          Mat. Appeal No.145 of 2022
               -----------------------------------------------
                  Dated this the 24th day of February, 2022

                                       O R D E R

A.MUHAMED MUSTAQUE, J.

Admit. Issue notice to the respondent.

I.A.No.1 of 2022

Operation of the impugned judgment is stayed.

However, the respondent shall allow the appellant to

interact with the child from 10.00 a.m. to 01.00 p.m. on

every Saturday at the premises of Court complex at

Perinthalmanna.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SOPHY THOMAS, JUDGE AS

24-02-2022 /True Copy/ Assistant Registrar