Sajna P.J vs Isahak Ismail
2023 Latest Caselaw 932 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 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                  O.P.(FC) NO. 22 OF 2023
AGAINST THE ORDER DATED 02.09.2022 IN I.A.NO.2 OF 2022 IN
 G.O.P.NO.1076 OF 2022 ON THE FILE OF THE FAMILY COURT,
                        KUNNAMKULAM
PETITIONERS:

    1     SAJNA P.J
          AGED 30 YEARS, D/O. PAZHAMBULLYPARAMBIL JAMAL,
          VALAPPAD VILLAGE, KOTHAKULAM, S N ROAD DESOM,
          CHAVAKKAD TALUK, THRISSUR DISTRICT - 680 567.
          REP. BY POWER OF ATTORNEY HOLDER SAINA. AGED 50
          YEARS, W/O.PAZHAMBULLYPARAMBIL JAMAL, VALAPPAD
          VILLAGE. KOTHAKULAM, S N ROAD DESOM, CHAVAKKAD
          TALUK, THRISSUR DISTRICT, PIN - 680567.
    2     SAINA
          AGED 50 YEARS,W/O.PAZHAMBULLYPARAMBIL JAMAL,
          VALAPPAD VILLAGE. KOTHAKULAM,
          S N ROAD DESOM, CHAVAKKAD TALUK, THRISSUR
          DISTRICT, PIN - 680567.
    3     JIBIN
          AGED 23 YEARS,
          S/O. PAZHAMBULLYPARAMBIL JAMAL, VALAPPAD
          VILLAGE. KOTHAKULAM, S N ROAD DESOM, CHAVAKKAD
          TALUK, THRISSUR DISTRICT, PIN - 680567.
          BY ADVS.
          SANTHOSH P.PODUVAL
          R.RAJITHA
          CHITHRA S.BABU
                               2
O.P.(F.C.) No.22 of 2023



RESPONDENT:

            ISAHAK ISMAIL
            AGED 33 YEARS, S/O.CHULLIPARAMBIL ISMAIL BAVA,
            VADAKKUMKARA VILLAGE, VELLANKALLUR DESOM,
            MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
            PIN - 680662.

      THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                 3
O.P.(F.C.) No.22 of 2023


                           JUDGMENT

P.G. Ajithkumar, J.

G.O.P.No.1076 of 2022 was filed by the respondent before

the Family Court, Irinjalakuda for an order granting him custody

of the child Shaisa Mariam, aged 4 years. The petitioners, who

are the respondents in that O.P. has filed I.A.No.3 of 2022

seeking permission of the court to take the child abroad where

the 1st petitioner is working. The petitioners have filed this

Original Petition under Article 227 of the Constitution of India,

seeking a direction to the Family Court, Kunnamkulam, to which

court G.O.P.No.1076 of 2022 has been transferred, to dispose of

I.A. No.3 of 2022 before taking a decision regarding the claim of

the respondent to get overnight custody of the child.

2. Heard the learned counsel appearing for the

petitioner. Considering the nature of the relief proposed to be

granted, service of notice on the respondent is dispensed

with.

3. Marriage of the 1st petitioner and the respondent

was solemnized on 31.06.2016. Shaisa Mariam was born to

them on 25.04.2018. Following the marital discord, the 1 st

O.P.(F.C.) No.22 of 2023

petitioner and the respondent were living separately. The 1 st

petitioner is employed in Oman. The respondent pointing out

the said circumstances filed G.O.P.No.1076 of 2022 before the

Family Court, Irinjalakuda seeking custody of the child.

I.A.No.2 of 2022 was filed by the respondent in that petition

for getting interim custody of the child. As per the order

dated 02.09.2022, Ext.P5, the Family Court allowed interim

custody of the child to the respondent from 11.00 a.m. on

every second statutory till 400 p.m. on the ensuing Sunday

and also during the first three days of Onam and Christmas

holidays. In addition, custody for the first 10 days during

summer vacation was also given to the respondent.

4. The child is now in the care and protection of the

petitioners 2 and 3. The 1 st petitioner wants to take the child

abroad where she is working. The grievance of the petitioners

is that I.A.No.3 of 2022 filed by the petitioners seeking

permission to take the child abroad is pending consideration

of the Family Court, Irinjalakuda and while so, the case was

transferred to the Family Court, Kunnamkulam, on its

O.P.(F.C.) No.22 of 2023

commencement. Due to such developments, disposal of

I.A.No.3 of 2022, Ext.P4 is getting delayed, which causes

prejudice to the 1st petitioner and also to the welfare of the

child. In such circumstance, the petitioners seek an early

disposal of Ext.P4.

5. Having heard the submissions of the learned

counsel for the petitioner, we are of the view that the reasons

stated for an early disposal of Ext.P4 application are genuine.

Hence, we allow this Original Petition and direct the Judge/

Judge-in-charge, Family Court, Kunnamkulam to dispose of

I.A.No.3 of 2022 in G.O.P.No.1076 of 2022 within a period of

three weeks from the date of production of a certified copy of

the judgment.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE dkr

O.P.(F.C.) No.22 of 2023

APPENDIX OF OP (FC) 22/2023

PETITIONER EXHIBITS EXHIBIT -P1 TRUE COPY OF PETITION IN GOP 1076/22 BEFORE THE FAMILY COURT, IRINJALAKKUDA EXHIBIT P2 TRUE COPY OF I.A. 2/22 IN GOP 1076/22 BEFORE THE FAMILY COURT, IRINJALAKKUDA EXHIBIT -P3 TRUE COPY OF OBJECTION IN I.A. 2/22 IN GOP 1076/22 BEFORE THE FAMILY COURT, IRINJALAKKUDA EXHIBIT -P4 TRUE COPY OF I.A. 3/22 IN GOP 1076/22 BEFORE THE FAMILY COURT, IRINJALAKKUDA EXHIBIT -P5 TRUE COPY OF ORDER DATED 2/9/22 IN GOP 1076/22 BEFORE THE FAMILY COURT, IRINJALAKKUDA EXHIBIT -P6 TRUE COPY OF JUDGMENT DATED 16/11/22 IN O.P.(FC) 562/22 OF THIS COURT