Niyas Kt vs Arshad K P
2024 Latest Caselaw 26970 Ker

Kerala High Court

Niyas Kt vs Arshad K P on 6 September, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                                                            2024:KER:67929

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT

            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

                                    &

              THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

  FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                        OP (FC) NO. 460 OF 2024

       AGAINST    THE    ORDER/JUDGMENT     DATED     28.05.2024   IN   OP

NO.1088 OF 2023 OF FAMILY COURT, THALASSERY


PETITIONER/RESPONDENT:

             NIYAS KT
             AGED 60 YEARS
             S/O MOIDU, MUKUNDAM HOUSE, KUTTIPPURAM, PATHIIYAD,
             VENGAD PO, SANKARANELLUR, THALASSERY, KANNUR,
             PIN - 670612.

             BY ADVS.
             P.C.ANIL KUMAR
             MANU.M.THOMAS
             SHIKHA C


RESPONDENT/PETITIONER:

             ARSHAD K P
             AGED 32 YEARS
             S/O ASHARAF, BUSHRA MANZIL,MUZHAPPILANGAD, KANNUR,,
             PIN - 670662

             BY ADVS.
             ZUBAIR PULIKKOOL
             U.ANANDAPADMANABHA MENON(K/000207/2024)

             SRI ZUBAIR PULIKKOOL

THIS   OP    (FAMILY    COURT)   HAVING   COME   UP   FOR   ADMISSION   ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(FC)NO.460/2024
                             ..2..
                               ,
                                                 2024:KER:67929


   DEVAN RAMACHANDRAN, & SOPHY THOMAS, JJ.
       =========================
                    OP(FC)No.460 of 2024
           ==========================
       Dated this the 6th day of September, 2024

                         JUDGMENT

Devan Ramachandran, J.

Even though various assertions and averments have

been made and impelled in this original petition - in which

the petitioner assails Ext.P3 order of the Family Court,

Thalassery - when this matter was called today, Sri.P.C.Anil

Kumar - learned counsel for the petitioner, confined his plea

that the said order be modified by this Court, to grant

overnight custody of the child to his client for an additional

Saturday of every month. He affirmed that, as per the

impugned order, the Hon'ble Family Court has allowed

overnight custody of the child on every second Saturday of

the month; and he requested that this be extended to the

fourth Saturday also.

2. We must record with great appreciation that

Sri.Zubair Pulikkool - learned counsel for the respondent,

conferred with his client and acceded to the afore request.

..3..

, 2024:KER:67929

We, therefore, with the consent of both sides, allow this

original petition and modify Ext.P3, solely to the extent of

the second direction therein, by allowing the petitioner to be

in interim custody of the children every fourth Saturday also,

in addition to the second Saturday already ordered, from 10

A.M. till the next day till 5 P.M. The place of exchange and

every other requirement will be as per the order, which we

clarify would remain unaltered, except to the afore extent.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

Sd/-

SOPHY THOMAS, JUDGE ACR

..4..

, 2024:KER:67929

APPENDIX OF OP (FC) 460/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE PHOTO COPY OF THE COMPLAINT DATED 02.06.2023 FILED BY THE PETITIONER'S WIFE

Exhibit P2 A TRUE PHOTO COPY OF ORDER DATED

OF HON'BLE FAMILY COURT THALASSERY

Exhibit P3 A CERTIFIED COPY OF ORDER DATED 28.05.2024 IN IA 09/2024 IN OP 1088/2023 OF HON'BLE FAMILY COURT THALASSERY