Dr.Jauhar Rahiman vs Dr. Noomira Abdulla P.M
2023 Latest Caselaw 4151 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                               &
        THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
 FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                  OP (FC) NO. 163 OF 2023
   O.P.NO.10 OF 2022 ON THE FILES OF THE FAMILY COURT,
                           KASARAGOD
PETITIONERS/PETITIONERS:

    1    DR.JAUHAR RAHIMAN, AGED 37 YEARS
         S/O K.ABDULRAHIMAN, RESIDING AT RAHMATH MAHAL,
         PAYYANANGADI, T.S. ROAD, TIRUR P.O., MALAPPURAM
         DISTRICT, PIN - 676101

    2    K.ABDULRAHIMAN, AGED 73 YEARS, S/O MOHAMMED
         RESIDING AT RAHMATH MAHAL, PAYYANANGADI, T.S.
         ROAD, TIRUR P.O., MALAPPURAM DISTRICT, PIN -
         676101

         BY ADV K.M.SATHYANATHA MENON


RESPONDENTS/RESPONDENTS:

    1    DR. NOOMIRA ABDULLA P.M, M.D.S.[ORTHODONTIST],
         C/O DR.BHASHIRUDIN, ENT [NMC MEDICAL CENTRE, AL
         NAHDAH] JUMA AL-MAJID BUILDING, BLOCK B [NEAR
         VIVA SUPERMARKET] 5/1, 28 STREET, OPP: SAHARA
         CENTRE, AL NAHDAH, SHARJAH 61179, UNITED ARAB
         EMIRATES. EMAIL: [email protected] PH NO:
         00971555317945

    2    BEEPHATHIMA, AGED 68 YEARS, W/O KUNJABDULLAH
         HAJI, NOUSHAD MANSON (H), THEKKEPURAM, P.O.
         MANIKKOTH, HOZDURG, KASARGODE DISTRICT, EMAIL:
         [email protected], PIN - 670316

    3    P.M.KUNJABDULLAH HAJI, AGED 75 YEARS
         C/O ASHRAFF FABRICS, NORTH KOTTACHERY
         PUTHIYAVALAPU, KANHANGAD, KASARGODE DISTRICT,
                            -2-
OP(FC)No.163 of 2023

           PIN - 671315


      THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                    -3-
OP(FC)No.163 of 2023

                              JUDGMENT

Anil K. Narendran, J.

The petitioners, who filed O.P.No.910 of 2022 before the

Family Court, Kasargode seeking custody of the minor child,

namely, Hameed Afnan aged about 6 years, have filed this

original petition invoking the supervisory jurisdiction of this

Court under Article 227 of the Constitution of India, seeking

the following reliefs;

"i. To grant interim custody of the minor child Hameed Afnan now aged 6 years and 10 months [date of birth 23.05.2016] to the 1st petitioner;

ii. To permit the petitioners to have interaction with the minor child Hameed Afnan aged 6 years through audio and video call every day;

iii. To direct the Family Court, Kasargode or the Court in charge of Family Court to consider and pass orders in I.A.No.1 of 2023 in O.P.No.910 of 2022 [Ext.P4] expeditiously and within a time frame."

2. Heard the learned counsel for the petitioners.

Considering the nature of relief proposed to be granted,

service of notice on the respondents is dispensed with.

3. Insofar as relief Nos.1 and 2 sought for in this

original petition are concerned, we are of the view that those

reliefs fall outside the scope of supervisory jurisdiction of this

OP(FC)No.163 of 2023

Court under Article 227 of the Constitution of India.

4. Insofar as the 3rd relief is concerned, i.e., an order

directing the Family Court, Kasargode or the court in charge of

that court to consider and pass orders in Ext.P4 interlocutory

application, i.e., I.A.No.1 of 2023 in O.P.No.910 of 2022,

expeditiously, we deem it appropriate to direct the Family

Court, Kasargode or the court holding the charge of that court

to consider and pass appropriate orders on that interlocutory

application, as expeditiously as possible, at any rate, within a

period of four weeks from the date of receipt of a certified

copy of this judgment.

This original petition is disposed of as above.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

AV/1/4

OP(FC)No.163 of 2023

APPENDIX OF OP (FC) 163/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF O.P [G&W] NO.561/2022 FILED BY THE PETITIONERS ON JUNE 2022 BEFORE THE FAMILY COURT, TIRUR

Exhibit P2 A TRUE COPY OF THE INTERIM CUSTODY PETITION FILED BY THE PETITIONERS ON JUNE 2022 AS I.A NO.2/2022 IN OP[G&W] NO.561/2022 BEFORE THE FAMILY COURT, TIRUR

Exhibit P3 A TRUE COPY OF THE APPLICATION FILED BY THE 2ND RESPONDENT ON 5-7-2022 AS I.A NO.3/2022 IN O.P[G&W] NO.561/2022 BEFORE THE FAMILY COURT, TIRUR

Exhibit P4 A TRUE COPY OF THE APPLICATION FILED BY THE 1ST PETITIONER ON 16-3-2023 AS I.A NO.1/2023 IN O.P NO.910/2022 ON THE FILES OF THE FAMILY COURT, KASARGODE