Yoosaf Ali vs Muhammedkutty
2024 Latest Caselaw 15762 Ker

Kerala High Court

Yoosaf Ali vs Muhammedkutty on 6 June, 2024

Author: Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                             &
           THE HONOURABLE MR. JUSTICE P.M.MANOJ
 THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946

                 OP (FC) NO. 125 OF 2024

AGAINST THE ORDER DATED 03.02.2024 IN IA NO. 2 OF 2023 IN
      OP NO.755 OF 2023 OF FAMILY COURT, OTTAPPALAM


PETITIONERS/RESPONDENTS 1 TO 3/RESPONDENTS 1 TO 3:

    1     YOOSAF ALI
          AGED 39 YEARS
          S/O.MUHAMMAD @ MANU, KUNDUTHODI VEEDU,
          THIRUVEGAPPURA POST, OTTAPALAM TALUK,
          PALAKKAD DISTRICT, REPRESENTED BY POWER OF
          ATTORNEY HOLDER, MUHAMMAD @ MANU,
          S/O.SAIDALI, KUNDUTHODI VEEDU,
          THIRUVEGAPPURA POST, OTTAPALAM TALUK,
          PALAKKAD DISTRICT, PIN - 679304

    2     MUHAMMAD @ MANU
          AGED 73 YEARS
          S/O.SAIDALI, KUNDUTHODI VEEDU,
          THIRUVEGAPPURA POST, OTTAPALAM TALUK,
          PALAKKAD DISTRICT, PIN - 679304

    3     HALEEMA
          AGED 72 YEARS
          W/O. MUHAMMAD @ MANU, KUNDUTHODI VEEDU,
          THIRUVEGAPPURA POST, OTTAPALAM TALUK,
          PALAKKAD DISTRICT, PIN - 679304

          BY ADVS.
          R.SREEHARI
          HAMZA A.V.
          VIGNESH S.
                                 2
OP(FC). No. 125 of 2024




RESPONDENT/PETITIONER/PETITIONER:

              MUHAMMEDKUTTY
              AGED 60 YEARS
              S/O.KUNHAMMU, KORADAN VEEDU, VILAYUR POST,
              EDAPPALAM, PALAKKAD DISTRICT, PIN - 679308

              BY ADVS.
              K.MOHAMMED RAFEEQ
              BIBIN MATHEW(K/000227/2017)
              P.M.MATHEW(K/000246/2018)
              AMARNATH R LAL(K/490/2018)
              SANALDEV E.P.(K/173/2019)
              VISHNUMAYA ANANDAN(K/001339/2022)
              SONYMON ANTONY(K/002834/2023)
              MUHAMMED YASEEN.M(K/582/2023)
              AJMAL V. KARIM(K/003691/2023)


THIS OP (FAMILY COURT) HAVING COME UP FOR FINAL HEARING ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                     3
OP(FC). No. 125 of 2024




                              JUDGMENT

Raja Vijayaraghavan, J.

This petition is filed challenging the order dated 03.02.2024 in

I.A. No.2 of 2023 in OP No. 755 of 2023.

2. We have gone through the impugned order. We have also

interacted with the minor children, the petitioner, and the respondent.

3. From our interaction, we find that the mother of the children

committed suicide and since then the children are residing with their

maternal grandparents. The father is working abroad. He has also

remarried. The children stated before us that they are perfectly

comfortable with the maternal grandparents. They have also stated

before us the reasons why they do not prefer to stay with their paternal

grandparents. The children were very articulate and they gave cogent

and convincing reasons to justify their decision. We are satisfied with the

reasons given by the two children who are aged 11 and 9 years

respectively.

4. Having considered all the relevant facts, we find no reason

to interfere with the well-considered order passed by the Family Court.

This Original Petition is dismissed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

Sd/-

P.M.MANOJ JUDGE APM/6/6/24

APPENDIX OF OP (FC) 125/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE O.P.NO.755/2023 FILED BEFORE THE FAMILY COURT, OTTAPALAM

Exhibit P2 TRUE COPY OF THE OBJECTION DATED 14/12/2023 FILED BY THE RESPONDENTS 1 TO

COURT, OTTAPALAM

Exhibit P3 CERTIFIED COPY OF THE AFFIDAVIT AND PETITION DATED 30/09/2023 FILED IN I.A.NO.2/2023 IN O.P.NO.755/2023 BEFORE THE FAMILY COURT, OTTAPALAM

Exhibit P4 CERTIFIED COPY OF THE OBJECTION DATED 14/12/2023 FILED BY THE RESPONDENTS 1 TO

FAMILY COURT, OTTAPALAM

Exhibit P5 CERTIFIED COPY OF THE ORDER DATED 03/02/2024 PASSED IN I.A.NO.2/2023 IN O.P.NO.755/2023 BY THE FAMILY COURT, OTTAPALAM

RESPONDENT EXHIBITS

Exhibit-R1(a) TRUE COPY OF THE COMPLAINT DATED 31.10.2021 SUBMITTED BY THE RESPONDENT HEREIN BEFORE THE SUB INSPECTOR OF POLICE, KOPPAM POLICE STATION.

Exhibit-R1(b) TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 490/2021 REGISTERED AT THE KOPPAM POLICE STATION.