Kerala High Court
Arshad K.P vs Niyas K.T on 28 May, 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
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
OP (FC) NO. 316 OF 2024
AGAINST THE ORDER DATED 17.04.2024 IN I.A. NO. 07/2024 IN
OPGW NO.1088 OF 2023 OF FAMILY COURT, THALASSERY
PETITIONER/PETITIONER:
ARSHAD K.P
AGED 33 YEARS
S/O, ASHRAF, RESIDING AT BUSHRAMAHAL,
MUZHAPPILANGADI, KANNUR TALUK,
KANNUR DISTRICT, KERALA, PIN - 670662
BY ADVS.
P.S.BINU
ZUBAIR PULIKKOOL
RESPONDENT/RESPONDENT:
NIYAS K.T
RESIDING AT MUKUNDAM HOUSE, KUTTIPURAM,
PATHIRIYAD, VENGAD P.O.,SANKARANELLUR,
KANNUR DISTRICT, THALASSERYTALUK,
PIN - 670612
BY ADV ANILKUMAR V. (VAZHARAMBIL)
THIS OP (FAMILY COURT) HAVING COME UP FOR FINAL HEARING ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
O.P.(FC) No.316 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner herein had approached the Family Court, Thalassery and
had instituted O.P.(G&W) 1088 of 2023 invoking the provisions of the Guardian
and Wards Act, 1890 seeking interim custody of his children, who are aged 3
and 4 years respectively.
2. The records disclose that the wife of the petitioner had committed
suicide on 25.05.2023 and the two children, a girl and a boy, are now in the
custody of their maternal grandparents. The Family Court considered I.A. No. 2
of 2023 filed for interim custody and taking note of the fact that the petitioner
is working abroad, passed the following order: -
1. The prayer of the petitioner to get interim custody of the
children is rejected.
2. The petitioner is permitted to interact with the children on
every Friday in between 07:00 P.M and 8:00 P.M through
video call till the disposal of the OP and for which, the
respondent has to make necessary arrangements for the
same.
3. The petitioner will get overnight custody of the children
whenever he is available at native place and for which, he
can approach the court and duration of the custody shall be
decided after hearing both sides.
3. The petitioner states that later he approached the Family Court
and filed I.A. No. 7 of 2024, seeking modification. In the said petition, he
contended that he had resigned his job and had come back to India. However,
the Family Court was of the view that there was no reason to alter the order
dated 02.03.2024 and holding so, the petition was dismissed. The aforesaid
order is under challenge.
4. When the matter was taken up for consideration, Sri. P.S Binu,
the learned counsel appearing for the petitioner, submitted that the petitioner
has filed a fresh application before the Family Court detailing all facts and
contentions and requested that the Family Court be directed to consider the
same and take appropriate decision.
5. Having considered the submissions, we are of the view that the
Family Court can be directed to consider his request and take a decision in an
expeditious manner, after hearing the other side.
In that view of the matter, this Original Petition is disposed of directing
the Family Court to consider I.A. No. 9 of 2024 and take an appropriate
decision within a period of six weeks from the date of receipt of a copy of this
judgment.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
P.M.MANOJ
JUDGE
APM/28/5/24
APPENDIX OF OP (FC) 316/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PETITION IN O.P.(G&W)
NO. 1088/2023 OF FAMILY COURT, THALASSERY
DATED 07.06.2023
Exhibit P2 THE TRUE COPY OF THE AFFIDAVIT IN I.A
2/2023 IN O.P.(G&W) NO. 1088/2023 OF
FAMILY COURT, THALASSERY DATED 07.06.2023
Exhibit P3 THE TRUE COPY OF THE COUNTER STATEMENT IN
I.A 2/2023 IN O.P.(G&W) NO. 1088/2023 OF
FAMILY COURT, THALASSERY
Exhibit P4 COPY OF THE ORDER IN I.A. 2/2023 IN I.A
2/2023 IN O.P.(G&W) NO. 1088/2023 OF
FAMILY COURT, THALASSERY DATED 02.03.2024
Exhibit P5 THE TRUE COPY OF THE AFFIDAVIT IN I.A
7/2023 IN O.P.(G&W) NO. 1088/2023 OF
FAMILY COURT, THALASSERY DATED 06.03.2024
Exhibit P6 THE TRUE COPY OF THE COUNTER STATEMENT IN
I.A 7/2023 IN O.P.(G&W) NO. 1088/2023 OF
FAMILY COURT, THALASSERY DATED 26.03.2024
Exhibit P7 CERTIFIED COPY OF THE ORDER IN I.A. 7/2023
IN I.A 2/2023 IN O.P.(G&W) NO. 1088/2023
OF FAMILY COURT, THALASSERY DATED
17.04.2024
