Muhamed Shereef vs Haseena
2023 Latest Caselaw 5370 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
                                 &
         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
   TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945
                   OP (FC) NO. 202 OF 2023
    AGAINST THE ORDER IN GOP NO.873/2023 OF FAMILY COURT,
                         KUNNAMKULAM



PETITIONER/RESPONDENT:

          MUHAMED SHEREEF
          AGED 38 YEARS
          S/O. MANZOOR,
          NAMBOORI MADATHIL (H),
          VALAPPAD DESOM, VALAPPAD VILLAGE,
          CHAVAKKAD TALUK, THRISSUR, PIN - 686603

          BY ADVS.
          M.A.SULFIA
          ABDUL JALEEL.A
          THUSHARA C. PULICKEL
          P.J.SHIJO
          ARUN NARAYANAN


RESPONDENT/PETITIONER:

          HASEENA
          AGED 32 YEARS
          D/O. KUNJUMUHAMMED,
          MATHILAKATH (H),
          CHAMAKKALA DESOM, CHENTRAPPINI VILLAGE,
          KODUNGALLOOR TALUK, THRISSUR, PIN - 686603

          BY ADVS.
          T.K.SANDEEP
          VEENA HARIKUMAR(K/1379/2021)
     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
25.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(F.C) No.202 of 2023

                                     2




                       BECHU KURIAN THOMAS
                                     &
                     Dr. KAUSER EDAPPAGATH, JJ
                    =====================
                       O.P.(F.C) No.202 of 2023
                   =======================
                   Dated this the 25th day of April, 2023



                               JUDGMENT

Bechu Kurian Thomas, J

Petitioner assails the order dated 10.04.2022 in I.A.No. 4/2023 in

GOP No.873/2023, granting custody of both children to the respondent

mother.

2. It is admitted by both parties that, custody of the two children

born to the parties to this litigation is with the father/petitioner herein.

However, for the period during school vacation the mother has been

granting custody by the impugned order.

3. The contention now raised by the learned counsel for the

petitioner is that, the children are to undergo an exam on 30.04.2023

and therefore, it would be conducive for the welfare of the children to

attend the examination from the petitioner's residence.

4. On a perusal of the cause title, it is noticed that both the

petitioner as well as the respondent are residing in Thrissur. The

learned counsel for the respondent submitted that, the examination

center is only 3.5Km from the residence of the respondent, while the O.P.(F.C) No.202 of 2023

distance is 12.5 Km from the petitioner's residence.

5. Taking note of the circumstance that custody of the children

were with the father till the commencement of vacation, we find that

the impugned order takes care of the welfare of the children to enjoy

the maternal affection also. It is necessary for the better growth of the

children that they receive affection from both parents. Since the father

has custody of the children otherwise, at least during vacation,

custody must be with the mother. Further it is not conducive to the

interest of the children to separate the siblings at this juncture.

Therefore, we find no reason to interfere with the impugned

order and this original petition is dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE

Sd/-

Dr. KAUSER EDAPPAGATH JUDGE jka/25.04.23 O.P.(F.C) No.202 of 2023

APPENDIX OF O.P (FC).No.202/2023

PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF GOP 1008/2022 DATED 4/4/2022 OF HON'BLE FAMILY COURT, THRISSUR

Exhibit P2 THE TRUE COPY OF CERTIFICATE ISSUED BY THE PSYCHOLOGIST DR. U.M. MUSTAFA, SANTHWANAM HOLISTIIC HEALTH CARE & RESEARCH CENTRE, MATHILAKAM, THRISSUR DATED 17.10.2020

Exhibit P3 THE TRUE COPY OF THE CERTIFICATED DATED 17/10/2020 ISSUED BY DR B SURESHKUMAR, CONSULTANT IN HOMOEOPATHIC MEDICINE

Exhibit P4 THE TRUE COPY OF FORM 20 (RULE 18(8) AND 19(7)) DATED 24/09/2020

Exhibit P5 THE TRUE COPY OF COUNTER IN IA 1/2022 IN GOP 1008/2022 DATED15/09/2022 FILED BEFORE FAMILY COURT, THRISSUR

Exhibit P6 TRUE COPY OF THE BAIL ORDER IN CRL.

PETITION NO. 5621/2018 OF HON'BLE HIGH COURT OF KARNATAKA DATED, 24.09.2018

Exhibit P7 THE TRUE COPY OF I.A. 4/2023 IN GOP 873/2023 DATED 22.03.2023 OF HON'BLE FAMILY COURT

Exhibit P8 THE TRUE COPY OF THE OBJECTION DATED 04.04.2023 TO I.A. 4/2023 IN GOP 873/2023 OF LEARNED FAMILY COURT, KUNNUMKULAM

Exhibit P9 THE TRUE COPY OF THE ADMISSION TICKET OF PUBLIC EXAMINATION 2022-23 CONDUCTING BY WISDOM EDUCATION BOARD OF MINOR CHILD FIDHA FATHIMA DATED NIL

Exhibit P10 THE TRUE COPY OF TIME TABLE OF MINOR CHILD MUHAMED FARHAN NIL DATED O.P.(F.C) No.202 of 2023

Exhibit P11 THE TYPE WRITTEN COPY OF THE IMPUGNED ORDER DATED 10.04.2023 IN I.A. 4/2023 IN GOP 873/2023 OF LEARNED FAMILY COURT, KUNNUMKULAM