Kerala High Court
Muneer P P vs Shameema C K on 25 October, 2024
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
2024:KER:79494
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
CON.CASE(C) NO. 1953 OF 2024
AGAINST THE JUDGMENT DATED IN OP (FC) NO.112 OF 2024
OF HIGH COURT OF KERALA
PETITIONER/RESPONDENT:
MUNEER P P
AGED 34 YEARS
RESIDING AT BAITHUL HAMAD HOUSE, PAKKAYIL POST,
VADAKARA, KOZHIKODE DISTRICT, REPRESENTED BY
MOTHER AND POWER OF ATTORNEY HOLDER NABEESA W/O
MOIDU AGED 54 YEARS, RESIDING AT BAITHUL HAMD
HOUSE, PAKKAYIL, VADAKARA, KOZHIKODE DISTRICT,
KERALA STATE PIN 673 101
BY ADVS.
ARUNKUMAR P.
ZUBAIR PULIKKOOL
NADEEM MOHAMMED V.K
Contempt Case (C) No.1953 of 2024 2 2024:KER:79494
RESPONDENT/PETITIONER:
SHAMEEMA C K
AGED 30 YEARS
KANHIRATHINKAL HOUSE, ANDONA, THAMARASSERY
TALUK, THAMARASSERY PO, KOZHIKODE DISTRICT, PIN
673 573 , REPRESENTED BY HER POWER OF ATTORNEY
HOLDER MUHAMMED ASHARAF S/O RAMLA V, RESIDING AT
KANHIRATHINKAL HOUSE, PARAPPANPOYIL PO,
THAMARASSERY, RAROTH,KOZHIKODE DISTRICT, KERALA
STATE. PIN 673 573
BY ADV.K.M.FIROZ
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Contempt Case (C) No.1953 of 2024 3 2024:KER:79494
P.B.SURESH KUMAR & C.PRATHEEP KUMAR, JJ.
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Contempt Case (C) No.1953 of 2024
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Dated this the 25th day of October, 2024
JUDGMENT
In a proceedings instituted under the Guardians and
Wards Act, 1890 before the Family Court for the custody of a
minor child by his father, the Family Court directed the mother
of the child to surrender the passport of the child so as to
prevent the mother from taking the child abroad. After
surrendering the passport, the mother of the child preferred an
application for the release of the passport of the child on the
ground that she intends to take the child abroad where she
secured an employment. The said application was dismissed by
the Family Court. The order passed by the Family Court in this
connection was challenged by the mother of the child in O.P.
Contempt Case (C) No.1953 of 2024 4 2024:KER:79494
(FC) No.112 of 2024 before this Court, and in terms of an order
passed on consensus, this Court directed the Family Court to
release the passport of the child to the mother so as to enable
the mother to take the child abroad and to enable the father of
the child who is also working in the same place to exercise his
visitation rights. In the light of the said order, the child was
taken abroad. After sometime, the mother sent back the child
to India and thereby deprived the visitation rights of the father.
The above contempt case is filed alleging that the said conduct
of the mother of the child would amount to wilful disobedience
of the order passed by this Court in O.P.(FC) No.112 of 2024.
2. When this matter was taken up, the learned
counsel for the respondent mother submitted that it is since the
mother of the child could not sustain herself with the child in
the place of her employment, she had no option but to send
back the child, and she does not propose to take the child to
her place of employment and that the father can exercise his
visitation rights in India. It was also submitted by the learned
Contempt Case (C) No.1953 of 2024 5 2024:KER:79494
counsel for the respondent mother that the passport of the
child has been surrendered before the family court on
26.09.2024. The learned counsel for the petitioner does not
dispute the submission made by the learned counsel for the
respondent mother that the passport of the child has already
been submitted before the family court.
3. In the light of the submissions made by the
learned counsel for the respondent mother, it can be seen that
the status quo as on the date of the order passed in O.P.(FC)
No.112 of 2024 has now been restored. Inasmuch as the
respondent has forfeited the benefit of the order passed by this
Court, the contempt case can only be closed and we do so.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Sd/-
C.PRATHEEP KUMAR, JUDGE.
Mn
Contempt Case (C) No.1953 of 2024 6 2024:KER:79494
APPENDIX OF CON.CASE(C) 1953/2024
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF JUDGMENT DATED 4-3-
2024 IN OP(FC) 112/2024 OF THIS
HONORABLE COURT.
Annexure A2 TRUE COPY OF THE AFFIDAVIT DATED 7-4-
2024 SWORN BY THE RESPONDENT BEFORE THE
HONORABLE FAMILY COURT, KOZHIKODE.
Annexure A3 THE TRUE COPY OF THE SCREENSHOT OF THE
TEXT MESSAGES SEND BY THE PETITIONER TO
RESPONDENT
Annexure A4 CERTIFIED COPY OF POWER OF ATTORNEY
DATED 20-4-2022 EXECUTED BY PETITIONER
OBTAINED FROM THE HONORABLE FAMILY
COURT, VADAKARA
