Kerala High Court
Hasanul Benna vs Bincy S. Rani on 5 August, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
M.A.Nos.649 & 652 OF 2025 1 2025:KER:58550
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
MAT.APPEAL NO. 649 OF 2025
AGAINST THE JUDGMENT DATED 27.05.2025 IN OPGW NO.546 OF
2021 OF FAMILY COURT, MAVELIKKARA
APPELLANT/1ST PETITIONER:
HASANUL BENNA, AGED 42 YEARS
S/O MUHAMMED SHEREEF, VALAYIL VEETTIL,
CHIRAKKADAVAM MURI, KAYAMKULAM VILLAGE, ALAPPUZHA,
REP. BY HIS BROTHER AND POWER OF ATTORNEY HOLDER,
HAMID HUSSAIN S.,
AGED 39 YEARS, S/O MUHAMMED SHEREEF, VALAYIL
VEETTIL, CHIRAKKADAVAM MURI, KAYAMKULAM VILLAGE,
ALAPPUZHA, PIN - 690572
BY ADVS.SRI.K.S.HARIHARAPUTHRAN
SMT.PINKU MARIAM JOSE
SMT.NICHU WILLINGTON
SMT.K.M.FATHIMA
RESPONDENTS/RESPONDENT AND 2ND PETITIONER:
1 BINCY S. RANI, AGED 39 YEARS
D/O ABDUL SALAM, NISA NIVAS, KRISHNAPURAM P.O.,
KRISHNAPURAM VILLAGE, KARTHIKAPALLY TALUK,
ALAPPUZHA DISTRICT., PIN - 690533
2 MASTER IHSAN, AGED 9 YEARS
(MINOR), S/O HASANUL BENNA, VALAYIL VEETTIL,
CHIRAKKADAVAM MURI, KAYAMKULAM VILLAGE,
KARTHIKAPPALLY TALUK,
M.A.Nos.649 & 652 OF 2025 2 2025:KER:58550
REPRESENTED BY GUARDIAN, 1ST RESPONDENT MOTHER
BINCY. S. RANI, AGED 39 YEARS, D/O ABDUL SALAM,
NISA NIVAS, KRISHNAPURAM P.O., KRISHNAPURAM
VILLAGE, KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT.,
PIN - 690533
BY ADVS.SRI.K.SHAJ
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
SMT.MINU VITTORRIA PAULSON
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SHRI.ISSAC MELVIN B.O.
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
05.08.2025 ALONG WITH MA652/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
M.A.Nos.649 & 652 OF 2025 3 2025:KER:58550
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
MAT.APPEAL NO. 652 OF 2025
AGAINST THE JUDGMENT DATED 27.05.2025 IN OPGW NO.711 OF
2021 OF FAMILY COURT, MAVELIKKARA
APPELLANT/PETITIONER:
HASANUL BENNA, AGED 42 YEARS
S/O MUHAMMED SHEREEF, VALAYIL VEETTIL,
CHIRAKKADAVAM MURI, KAYAMKULAM VILLAGE, ALAPPUZHA,
REP. BY HIS BROTHER AND POWER OF ATTORNEY HOLDER,
HAMID HUSSAIN S., AGED 39 YEARS, S/O MUHAMMED
SHEREEF, S/O MUHAMMED SHERIEF, RESIDING AT VALAYIL
HOUSE, NEAR KPAC, KAYAMKULAM, ALAPPUZHA DISTRICT,
KERALA, PIN - 690572
BY ADVS.SRI.K.S.HARIHARAPUTHRAN
SMT.PINKU MARIAM JOSE
SMT.NICHU WILLINGTON
SMT.K.M.FATHIMA
RESPONDENT/PETITIONER:
BINCY S. RANI, AGED 39 YEARS
D/O ABDUL SALAM, NISA NIVAS, KRISHNAPURAM P.O.,
KRISHNAPURAM VILLAGE, KARTHIKAPALLY TALUK,
ALAPPUZHA DISTRICT., PIN - 690533
BY ADVS.SRI.K.SHAJ
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
M.A.Nos.649 & 652 OF 2025 4 2025:KER:58550
SMT.MINU VITTORRIA PAULSON
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SHRI.ISSAC MELVIN B.O.
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
05.08.2025 ALONG WITH MA649/25, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
M.A.Nos.649 & 652 OF 2025 5 2025:KER:58550
JUDGMENT
Devan Ramachandran, J.
It is often said that all's well that ends
well; and this is one such case which we are enabled
to dispose of on the express consent of both sides.
2. We are considering the afore two appeals
together because the parties are the same and the
issues involved are connected.
3. Both the appeals are filed by the father of
two children - elder being a 15 year old girl; and the
younger being a 8 year old boy; and he assails
judgments of the learned Family Court, Mavelikara, in
O.P.(G&W)546/2021 and 711/2021.
4. The appellant filed the first of the afore
O.P., namely O.P.(G&W)546/2021, seeking custody of his
children; while, the second, namely O.P.(G&W)711/2021,
was filed by the mother, namely the respondent herein,
also seeking exclusive custody of the children.
5. The learned Family Court dismissed O.P.
(G&W)546/2021, but allowed O.P.(G&W)711/2021; and the
appellant challenges the judgment in both these cases
through the afore appeals.
M.A.Nos.649 & 652 OF 2025 6 2025:KER:58550
6. Though we have recorded the essential facts,
we are spared of writing a detailed judgment because,
the parties are in full consent with respect to the
manner in which the children can spend their time with
the parents.
7. This was made possible because, the parties
were before us, along with the children, today and we
had a long interaction with them. We allowed the
children to speak to the father within the confines of
our Chambers for sometime; and thereafter, the elder
of them, namely the daughter, told us that she has no
objection to her father meeting her and her sibling,
any time, on any day, at their residence where they
are living with their mother and maternal grandfather.
8. We asked the respondent - the mother of the
children, whether she has any objection to such an
arrangement, to which, she answered to the negative;
in fact, adding that she will only be happy that the
father visits the children whenever he wants.
9. The learned counsel on both sides affirm
that the afore arrangement will be the most apposite.
10. Therefore, acceding to the express wishes
M.A.Nos.649 & 652 OF 2025 7 2025:KER:58550
of the children and appreciating the high level of
maturity and composure that the elder among them had
exhibited before us, we order as under:
(a) M.A.No.649/2025 is dismissed, confirming the
judgment of the learned Family Court in O.P.
(G&W)546/2021.
(b) M.A.No.652/2025 is allowed in part with the
following directions:
(i) The finding and declarations of the
learned Family Court, that the mother will be
in permanent custody of the children, is
upheld and confirmed.
(ii) However, the appellant - father will be
at full liberty to meet the children any time
of his choice, on any day, however, at their
residence, which they share with their mother
and their maternal grandfather.
(iii) We record the undertaking of the
appellant that he will enquire with the
children as to their wishes and only then
take them out, or request them to live with
him under an overnight arrangement in future.
Finally, we record that the children have
M.A.Nos.649 & 652 OF 2025 8 2025:KER:58550
also said that, as and when they become more
comfortable with their father - which the
elder one said requires time - they will
voluntarily go with him outside, as also to
his house to spend time with him in the
nights; but with a plea to us that they be
not pushed to it against their wishes.
These appeals are thus ordered.
SD/-
DEVAN RAMACHANDRAN
JUDGE
SD/-
M.B.SNEHALATHA
JUDGE
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