Najiya.N vs Haja Yazim.N
2023 Latest Caselaw 7375 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
            THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
   TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                      OP (FC) NO. 310 OF 2023
  AGAINST THE ORDER/JUDGMENT IN OP GW 2632/2022 OF FAMILY
                      COURT,THIRUVANANTHAPURAM
PETITIONER:

            NAJIYA.N, AGED 21 YEARS
            W/O HAJA YAZIM.N RESIDING AT TC 63/460, MUBARAK,
            PALLI STREET, POONTHURA P.O., THIRUVANANTHAPURAM,
            PIN - 695026
            BY ADV GOKUL D. SUDHAKARAN

RESPONDENTS:

    1       HAJA YAZIM.N, AGED 24 YEARS
            S/O NOUSHAD, TC 20/1530, SHASTRI NAGAR,
            KUNJALUMOODU, KARAMANA P.O., THIRUVANANTHAPURAM.,
            PIN - 695002
    2       ADDL. R2- THE CHILD WELFARE COMMITTEE,
            GOVT. CHILDREN'S HOME, POOJAPPURA,
            THIRUVANANTHAPURAM-695012, IS SUO MOTU IMPLEADED
            AS PER THE ORDER DATED 12/06/2023 IN OP(FC) NO.
            310/2023.
            BY ADVS.
            J.R.PREM NAVAZ J.R
            SUMEEN S.(K/000187/2012)

     THIS      OP    (FAMILY   COURT)     HAVING    COME   UP   FOR
ADMISSION ON        27.06.2023, THE      COURT ON   THE SAME    DAY
DELIVERED THE FOLLOWING:
 OPFC 310 of 2023           2



            A. MUHAMED MUSTAQUE & SOPHY THOMAS, JJ
         -------------------------------------------
                       OP FC 310 of 2023
            --------------------------------------
             Dated this the 27th day of June, 2023


                       J U D G M E N T

A. Muhamed Mustaque, J

Read our earlier order dated 12.06.2023:

"The Child Welfare Committee, Govt.

Childrens Home, Poojappura, Thiruvananthapuram 695 012 is suo motu impleaded as an additional second respondent.

2. The dispute in this matter is in regard to the interim custody of the child born in the wedlock between the petitioner and the first respondent. The Family Court entrusted the custody of the child with the father. The child is only ten months old. One of the reasons for granting the custody of the child to the father is that the petitioner-mother is residing with her lover and she suffers from personality disorder.

3. Having considered the facts and circumstances, we are of the view that the additional second respondent, the Child Welfare Committee shall conduct a detailed inquiry and report before this Court whether the petitioner-mother is competent

to have the custody of the child and her family circumstances would be conducive for the well-being and welfare of the child. Necessary inquiry shall be made with the persons, who are able to give inputs in regard to the family of the petitioner-mother, and from such other sources as well.

4. The petitioner is directed to serve a copy of the original petition to the learned Government Pleader.

5. The learned Government Pleader shall communicate this order to the Child Welfare Committee, Thiruvananthapuram. Post on 20.06.2023."

The child is now in the custody of the mother. The

mother has produced the child today. The father is also

present. Learned Government Pleader handed over a report

of the CWC Thiruvananthapuram which indicates that the

mother has no adverse circumstances to continue the

custody of the child. The child is only one and a half

years old. In the light of the report of the CWC, we are

of the view that the mother should have custody of the

child, at the same time we allow the father to have the

custody of the child on every weekend, from Friday

evening till 5.00 p.m on Sunday. The father has agreed to

take the child from the house of the mother, where the

mother is now residing. In case any dispute arises, the

Family Court can suitably amend this order to handover

and return the child from the premises of the Family

Court, Thiruvananthapuram. The father is also allowed to

take the child on the Bakrid day at 5.00 p.m and can keep

the child till Sunday evening. The impugned order is

accordingly modified. The Family Court is given the

liberty to modify this arrangement based on any changing

circumstances.

The Original Petition is disposed of as above.

Sd-

A. MUHAMED MUSTAQUE, Judge

Sd/-

SOPHY THOMAS, Judge

jma

APPENDIX OF OP (FC) 310/2023

PETITIONER EXHIBITS Exhibit1 TRUE COPY OF THE ORIGINAL PETITION FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM NUMBERED AS 2632/2022 Exhibit2 TRUE COPY OF THE INTERLOCUTORY APPLICATION FILED BY THE PETITIONER BEFORE THE HON'BLE FAMILY COURT, THIRUVANANTHAPURAM AS I.A NO.1/2022 IN O.P NO.2632/2023 Exhibit-P3 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT IN I.A NO.1/2023 IN O.P NO.2632/2022 Exhibit-P4 TRUE COPY OF THE ORDER OF THE HON'BLE FAMILY COURT IN I.A NO. 1/2022 IN O.P NO.2632/2022 DATED 17-03-2023 Exhibit-P5 TRUE COPY OF THE TALAQNAMA DATED 13-05-

2023 RECEIVED BY THE PETITIONER