Kerala High Court
Binja Basheer vs Anshad Kunjumon on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
IA.NO.2/2023 IN MAT.APPEAL NO. 196 OF 2022
OP(GW) 773/2019 OF FAMILY COURT, CHAVARA, KOLLAM
APPLICANT/APPELLANT:
BINJA BASHEER, AGED 31 YEARS, D/O. BASHEER, ASWATHY, ADINADU NORTH
P.O., ADINADU VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM-690542.
RESPONDENTS/RESPONDENTS:
1. ANSHAD KUNJUMON, AGED 38, S/O. KUNJUMON, A.S.MANZIL,
OLAKETTIYAMBALAM P.O., KOIPPALLY KARANMA, PERUNGALA VILLAGE,
MAVELIKKARA TALUK, ALAPPUZHA DISTRICT-690510.
2. BASHEER, AGED 63 YEARS, S/O. ALIKUNJU, BINJA GARDEN, K.S.PURAM P.O,
NEELIKULAM MURI, K.S.PURAM VILLAGE, KARUNAGAPPALLY TALUK,
KOLLAM-690544.
3. NAJMA BASHEER, AGED 57 YEARS, BINJA GARDEN, K.S.PURAM P.O.,
NEELIKULAM MURI, K.S.PURAM VILLAGE, KARUNAGAPPALLY TALUK,
KOLLAM-690544
4. SUJITH SURESH, AGED 31, ASWATHY, ADINADU NORTH P.O., ADINADU
VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM-690542
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to clarify the
judgment dated 27.03.2023 by including the condition regarding the handing
over of custody of the child to the Applicant/Appellant for one half the
Onam, Christmas and Summer vacations of the school.
This Application coming on for orders, upon perusing the application
and the affidavit filed in support thereof, and this Court's judgment
dated 27.03.2023 in Mat Appeal 196/2022, and upon hearing the arguments of
M/S.P.B.KRISHNAN, P.B.SUBRAMANYAN, SABU GEORGE, MANU VYASAN PETER and
ABRAHAM BABU KALLIVAYALIL, Advocates for the appellant, and of
M/S.E.M.MURUGAN and P.RAKESH (VAIKOM), P.R. PRATHEESH Advocates for
Respondent 1, the court passed the following:
P.T.O.
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
-----------------------------------------------------------
I.A.No.2 of 2023
in
Mat.Appeal No.196 of 2022
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Dated this the 13th day of April, 2023
ORDER
P.G. Ajithkumar, J.
The appellant has filed this interlocutory application
seeking to clarify the judgment dated 27.03.2023 in including
conditions regarding handing over custody of the child to her
during the Onam and Christmas holidays and summer
vacation of the school.
Heard the learned counsel appearing for the appellant
and the learned counsel appearing for the respondents.
This appeal was disposed of on 27.03.2023. The
operative part of the judgment reads,-
"Considering the age of the child and the exigencies of
her studies, we are of the view that instead of every
Sunday, the appellant can take custody of the child
from 10.00 a.m. on the second and fourth Saturdays
till 5.00 p.m. on the respective following Sundays.
During the period of vacation in April-May, the 1 st
respondent may take the child to Dubai. If he proposes
I.A.No.2 of 2023 in
Mat.Appeal No.196 of 2022
to take the child along with him to Dubai only in
alternate years, he can retain the child with him in
Dubai upto two months, of course without causing any
interference to her studies. With the above modification
to the impugned decree, this appeal is disposed of.
The appellant seeks clarifications to the aforesaid
directions in the judgment dated 27.03.2023 by including
conditions regarding handing over custody of the child to the
appellant during Onam and Christmas holidays and summer
vacation. Custody of the child during half period of the Onam
and Christmas holidays and summer vacation is to be given to
the appellant and it is stated that the same has not been
mentioned in the judgment.
The respondents did not choose to file any objection.
In such circumstances, we are of the view that the
petition is liable to be allowed. The directions regarding
custody of the child to be given to the appellant is clarified as
follows:-
i) Custody of the child from 10.00 a.m. on the second
and fourth Saturdays till 5.00 p.m. on the respective
I.A.No.2 of 2023 in
Mat.Appeal No.196 of 2022
following Sunday shall to be given to the appellant;
ii) Custody of the child during the first half of Onam and
Christmas holidays will be given to the appellant;
iii) Custody of the child during the period from 1 st May to
30th May during every midsummer vacation will be
given to the appellant, subject to clause (iv) below;
and
iv) If the 1st respondent proposes to take the child along
with him to Dubai, only in alternate years, he can
retain the child with him in Dubai upto two months,
without causing any interference to the studies of the
child.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
13-04-2023 /True Copy/ Assistant Registrar
