Kerala High Court
Abbas vs Rafeek on 20 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
OP (FC) NO. 284 OF 2023
AGAINST THE ORDER DATED 11/4/2023 IN I.A.NO.2/2023 IN GOP
NO.1403/2023 OF FAMILY COURT, KUNNAMKULAM
---------------
PETITIONERS/RESPONDENTS:
1 ABBAS, AGED 34 YEARS,
S/O.MUHAMMED HANEEFA, PUTHIYA VEETTIL,
CHALUKULAM, KASTHOORBHA, KENDRAM DESOM,
VALAPPAD VILLAGE & P.O, CHAVAKKAD TALUK,
PIN - 680567.
2 SHAMEER, AGED 28 YEARS, S/O.MUHAMMED HANEEFA,
PUTHIYA VEETTIL, CHALUKULAM, KASTHOORBHA,
KENDRAM DESOM, VALAPPAD VILLAGE & P.O,
CHAVAKKAD TALUK, PIN - 680567.
3 SHAMNA, AGED 25 YEARS, W/O.KOYITHARA MOITHEEN,
NATIKA BEACH, NATIKA VILLAGE & P.O,
CHAVAKKAD TALUK, PIN - 680566.
BY ADVS.
I.V.PRAMOD
SAIRA SOURAJ P.
RESPONDENTS/PETITIONERS:
1 RAFEEK, AGED 49 YEARS, S/O.PUTHIYAVEETTIL
HAMEED, HAPPY HOMES NO.6, KOTHAKULAM DISCO
CENTRE DESOM, VALAPPAD VILLAGE & P.O.,
CHAVAKKAD TALUK, PIN - 680567.
2 SHAJITHA, AGED 44 YEARS, W/O. RAFEEK,
HAPPY HOMES NO.6, KOTHAKULAM DISCO CENTRE DESOM,
VALAPPAD VILLAGE & P.O., CHAVAKKAD TALUK,
PIN - 680567.
O.P.(FC) No.284/2023 2
3 SAHANA, AGED 21 YEARS, D/O. RAFEEK, HAPPY HOMES
NO.6, KOTHAKULAM DISCO CENTRE DESOM, VALAPPAD
VILLAGE & P.O., CHAVAKKAD TALUK-, PIN - 680567.
ADDL.R4 THE CHILD WELFARE COMMITTEE, REPRESENTED BY ITS
CHAIRMAN, 1ST FLOOR, GOVERNMENT CHILDREN'S HOME,
RAMAVARMAPURAM, THRISSUR, KERALA-680631.
(IS SUO MOTU IMPLEADED AS PER THE ORDER DATED
20/06/2023 IN OP(FC) NO.284/2023)
BY ADVS.
SAIJO HASSAN
NAGARAJ NARAYANAN(K/700/1994)
BENOJ C AUGUSTIN(K/189/2004.)
RAFEEK. V.K.(K/134/2003)
BINCY JOB(K/001080/2017)
RAJALAKSHMI R.(K/1446/2020)
SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(FC) No.284/2023 3
JUDGMENT
A.Muhamed Mustaque, J.
This original petition was filed challenging an order
passed by the Family Court, Kunnamkulam, in an
interlocutory application, a matter related to the custody
of minor children.
2. The first petitioner-Abbas married Sahla. Sahla
appears to have died by suicide. The dispute regarding
custody arose, thereafter. There are criminal cases
against the first petitioner and others. The Family Court
passed an order giving custody of the elder child to his
father and the two younger children to their maternal
grandparents. The father questions the said order in this
original petition.
3. The father of the children is currently residing
in Chennai along with his brother and family. He assists
his brother in his business. He says that his brother's
wife is in a position to take care of the children.
4. We are not commenting upon the criminal cases as
the criminal cases, as of now, do not disclose any factors
that undermine granting custody of the children to the
father. We also do not accept the finding and reasoning of
the Family Court, separating the children. All the
children are to be brought up together except under
extreme circumstances where the court forms an opinion
that the upbringing of all the children together will be
difficult for the person with whom they are entrusted or
for any of the parties.
5. There are no adverse remarks, as of now, that
exist for depriving the father from having have custody of
all the children. The father is competent and capable of
taking care of the children, especially as his brother's
wife is available at home.
6. We also want to ensure that the children are
taken care of by the father, through the Child Welfare
Committee, Thrissur. We also direct the Child Welfare
Committee, Thrissur to coordinate with the Child Welfare
Committee of the competent jurisdiction to obtain
necessary reports in regard to the welfare and well-being
of the children and file a report before the Family Court,
Kunnamkulam.
7. However, we do not want to deprive the children
from having contact with the maternal grandparents. While
allowing the interim custody to the father, we direct him
to bring the children once in two months, on Friday
evenings, preceding the second Saturday, to give custody
of the children to the maternal grandparents. The children
shall be in the custody of the maternal grandparents till
Sunday evening.
8. We also allow the children to be in the custody
of the maternal grandparents on the 30 th of this month from
morning 10 am till Sunday (02.07.2023) evening, 5 p.m.
9. This arrangement will continue till further orders
are passed in this matter by the Family Court. The
children shall be handed over and returned through the
premises of the Family Court, Kunnamkulam.
10. The learned Government Pleader shall serve a
copy of this judgment to the Child Welfare Committee,
Thrissur.
We dispose of this original petition, modifying the
impugned order.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SOPHY THOMAS
JUDGE
ln
APPENDIX OF OP (FC) 284/2023
PETITIONER'S EXHIBITS:
EXHIBIT-P1 CERTIFIED COPY OF THE BAIL ORDER IN CRIME
NO.103/2023 OF VALAPPAD POLICE STATION,
THRISSUR DISTRICT.
EXHIBIT-P2 CERTIFIED COPY OF THE BAIL ORDER IN CRL.
M.P. NO.751/2023 OF THE ADDL. SESSIONS
COURT, THRISSUR IN CRIME NUMBER 131/2023 OF
VALAPPAD POLICE STATION.
EXHIBIT-P3 CERTIFIED COPY OF THE ORDER OF CHILD
WELFARE COMMITTEE, THRISSUR DISTRICT DATED
15/2/2023.
EXHIBIT-P4 A CERTIFIED COPY OF GOP 1403/2023 FILED BY
THE RESPONDENTS BEFORE THE FAMILY COURT,
KUNNAMKULAM.
EXHIBIT-P5 CERTIFIED COPY OF THE I.A NO. 2/2023 IN
G.O.P NO.1403/2023 OF THE FAMILY COURT,
KUNNAMKULAM.
EXHIBIT-P6 A CERTIFIED COPY OF OBJECTION IN IA NO.
2/2023 IN GOP 1403/2023 FILED BY THE
PETITIONER BEFORE THE FAMILY COURT,
KUNNAMKULAM.
EXHIBIT-P7 CERTIFIED COPY OF ORDER IN IA NO.2/2023 IN
GOP 1403/2023 OF FAMILY COURT KUNNAMKULAM.
EXHIBIT P8 A TRUE COPY OF THE FINAL REPORT IN CRIME
NO.103/2023 DATED 29.04.2023 VALAPPAD
POLICE STATION, THRISSUR DISTRICT.
EXHIBIT P9 A TRUE COPY OF THE FIRST INFORMATION
STATEMENT GIVEN BY THE 1ST RESPONDENT DATED
01.02.2023 BEFORE THE VALAPPAD POLICE
STATION.
