Aneesha T A vs Shafeek
2023 Latest Caselaw 8546 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
            THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                         &
             THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
        MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                            OP (FC) NO. 366 OF 2023
  AGAINST THE ORDER/JUDGMENT IN OPGW 1070/2021 OF FAMILY COURT,
                                   PALAKKAD
PETITIONER/S:

            ANEESHA T A
            AGED 28 YEARS
            MELEKEZHA VEEDU PUTHUKKODE, PALAKKAD, PIN - 678687
            BY ADV M.P.SUNITHA BEEGUM


RESPONDENT/S:

    1       SHAFEEK
            S/O ABDUL RAHMAN, KULATHINKAL VEEDU, PANNIYAMKARA,
            VADAKENCHERY, PALAKKAD, PIN - 678867
    2       ADDL. R2- THE CHAIRMAN,
            CHILD WELFARE COMMITTEE, GOVT. OBSERVATION HOME AND
            SPECIAL HOME NEAR POLICE CAMP, MUTTIKULANGARA P.O.,
            PALAKKAD, PIN-678594 IS SUO MOTU IMPLEADED AS PER THE
            ORDER DATED 01/08/2023 IN OP (FC) NO.366/2023.
            BY ADVS.
            V.A.JOHNSON (VARIKKAPPALLIL) V A
            GOVERNMENT PLEADER


     THIS   OP    (FAMILY    COURT)    HAVING   COME   UP   FOR   ADMISSION   ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC) NO. 366 OF 2023
                               2


                              JUDGMENT

Dated this the 7th day of August, 2023

A.MUHAMED MUSTAQUE (J)

Read our earlier order dated 01.08.2023.

2.We also referred the parties for a family

counseling on 01.08.2023. On interaction of the

parties and on hearing the submission of the learned

counsel, we are of the view that an arrangement can

be made as follows, till the final disposal of the

matter by the Family court.

3.The mother will have the custody of the

children on every Saturday morning from 10:00 AM to

the following Sunday till 05:00 PM and shall be

handed over and returned the child from the premises

of Judicial First Class Magistrate Court, Alathur.

4. During Onam Holidays (from 30.08.2023 10:00 AM

till 03.09.2023 05:00 PM) and on Christmas holidays

(from 25.12.2023 10:00 AM till 30.12.2023 05:00 PM),

the mother also will have the custody of the children OP (FC) NO. 366 OF 2023

during these five days. The custody of children as

above will be subject to the order passed from the

Family Court, Alathur.

The Family court untrammeled by this arrangement

shall dispose the case.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

MOHAMMED NIAS C.P.

JUDGE

SJ OP (FC) NO. 366 OF 2023

APPENDIX OF OP (FC) 366/2023

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE PHOTOCOPY OF THE BIRTH CERTIFICATE DATED 20/09/2021 ELDER DAUGHTER SHIFA EXHIBIT P2 THE TRUE PHOTOCOPY OF THE BIRTH CERTIFICATE DATED 20/09/2021 YOUNGER SON SHIHAS EXHIBIT P3 THE TRUE PHOTOCOPY OF THE O.P TICKET DATED 22/06/2021 ISSUED BY VADAKENCHERY GOVERNMENT HEALTH CENTRE EXHIBIT P4 TRUE PHOTOCOPY OF THE F.IR DATED 23/06/2021 OF VADAKENCHERY POLICE STATION EXHIBIT P5 THE TRUE PHOTOCOPY OF ORDER DATED 09/05/2022 OF IA 1/2021 OF FAMILY COURT PALAKKAD EXHIBIT P6 THE TRUE PHOTOCOPY OF THE INTERIM APPLICATION 1/2023 DATED 21/02/2023