Kerala High Court
Famita Abdul Latheef vs Dr. Hasim Ahmed on 7 May, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
OP (FC) NO. 298 OF 2024
I.A.NO.9/2024 IN GOP NO.653 OF 2023 OF FAMILY COURT, ALUVA
PETITIONER:
FAMITA ABDUL LATHEEF,
AGED 32 YEARS
D/O ABDUL LATHEEF, FLAT NO.A42, RIVIERA SUITES ,
THEVARA FERRY ROAD,THEVARA, PIN - 682013
BY ADVS.
T.M.RAMAN KARTHA
MANJU R. KARTHA
SYAMA MOHAN
RESPONDENT:
DR. HASIM AHMED,
AGED 35 YEARS S/O DR.AHMEDKAROTHUKUZHY RIVER SIDES,
PULINCHODE, ALUVA P.O., ERNAKULAM, PIN - 683101
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
07.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(FC) NO.298/2024 2
JUDGMENT
Dated this the 07th day of May, 2024
Gopinath.P., J.
The petitioner has approached this Court being aggrieved
by the fact that no orders are being issued on Ext.P2 I.A.No.9
of 2024 filed by the petitioner in Guardian O.P.No.653 of 2023
before the Family Court, Aluva, though the prayer in that
application relates to custody of minor children during summer
vacation and though the interlocutory application was filed as
early as on 23.03.2024. This Court had called for a report
from the Family Court, Aluva, and the report shows that no
orders have been passed on I.A.No.9 of 2024 in G.O.P.No.653
of 2023.
2. The learned counsel for the petitioner states that
though the interlocutory application was posted today, the
Family Court has not passed any orders on the interlocutory
application even today. It is submitted that the learned
Family Court Judge opined that if orders are to be issued on
I.A.No.9 of 2024, the petitioner must obtain orders from this
Court as the petitioner had already approached this Court.
3. Having heard the learned counsel for the petitioner
and having regard to the facts and circumstances of the case,
we are of the view that this Original Petition can be disposed
of without notice to the respondent. Since I.A.No.9 of 2024 in
G.O.P.No.653 of 2023 is one filed for interim custody of minor
children during summer vacation, it was incumbent on the
part of the Family Court to have passed orders on the said
interlocutory application without delay. The summer vacations
are concluding shortly and therefore, it is necessary that a
direction be issued to the Family Court, Aluva, to pass orders
on I.A.No.9 of 2024 in G.O.P.No.653 of 2023 without any
further delay.
4. Since it is reported that I.A.No.9 of 2024 in
G.O.P.No.653 of 2023 is listed for consideration on
13.05.2024, it is directed that suitable orders shall be passed
on the interlocutory application after affording an opportunity
of hearing to both sides and if hearing has already been
concluded, without further hearing on 13.05.2024 itself.
The Original Petition is ordered accordingly.
Sd/-
GOPINATH P.
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
csl
APPENDIX OF OP (FC) 298/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE OP NO. 653/2023 FILED
BY THE PETITIONER BEFORE THE FAMILY
COURT, ALUVA
Exhibit P2 TRUE COPY OF THE I A NO. 9/2024 FILED
BY THE PETITIONER IN OP NO. 653/2023
Exhibit P3 TRUE COPY OF THE OBJECTION FILED BY
THE RESPONDENT IN I.A. NO. 9/2024
Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF
PROCEEDINGS DATED 15.4.2024 OF FAMILY
COURT ALUVA
Exhibit P4(a) TRUE COPY OF THE RELEVANT PAGE OF
PROCEEDINGS DATED 22.4.2024 OF FAMILY
COURT ALUVA
Exhibit P4(b) TRUE COPY OF THE RELEVANT PAGE OF
PROCEEDINGS DATED 27.4.2024 OF FAMILY
COURT ALUVA
