Kerala High Court
Shaba K. Jabaz vs Ghalib Moideen on 26 March, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
2025:KER:26779
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947
OP (FC) NO. 153 OF 2025
AGAINST THE COMMON ORDER IN I.A.17/2024 AND I.A.19/2024 IN
OP NO.1858 OF 2022 DATED 20.12.2024 OF FAMILY COURT,
ERNAKULAM
PETITIONER/PETITIONER/RESPONDENT
SHABA K. JABAZ, AGED 32 YEARS
DAUGHTER OF LATE K.M.JABAZ RESIDING
AT 48/425B, KIZHAKKEVELY, EDAPPALLY
RAGHAVAN PILLAI ROAD, ELAMAKKARA,
ERANKULAM, PIN - 682026
BY ADV PEEYUS A.KOTTAM
RESPONDENT/RESPONDENT/PETITIONER:
GHALIB MOIDEEN, AGED 34 YEARS
SON OF M.A.MOIDEEN, RESIDING AT 39/357,
MADATHIL, MADATHIPARAMBU ROAD, VENNALA
P.O, ERNAKULAM, PIN - 682028
BY ADVS.
M.H.ASIF ALI
S.MUHAMMED HANEEFF(K/000647/1990)
ARAVIND T RAMESH(K/000993/2016)
RAJANA JOSE(K/1696/2022)
ASHIK ALI M.H.(K/2354/2021)
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP(FC) 153/25
2
JUDGMENT
Devan Ramachandran, J.
The petitioner, who is the mother of an 8 year old child,
has approached this Court impugning Ext.P5 order of the learned
Family Court, Ernakulam, dismissing I.A.No.17/2024 filed by her,
seeking modification of an earlier order in I.A.No.4025/2022 in
O.P.No.1858/2022.
2. The first order of the learned Family Court, namely
that in I.A.No.4025/2022, has been produced as Ext.P1, in which,
the respondent-father of the child has been allowed to have his
interim custody every second Saturday from 10.30 A.M., till 4
P.M. on the ensuing Sunday; and from 10.30 A.M., till 4 P.M. on
third Saturdays. The place of exchange has been shown, in the
said order, to be the premises of the Court.
3. On the imputation that the child is unwilling to go to
the father for overnight stay, the petitioner filed I.A.No.17/2024
seeking modification of the earlier mentioned order, but which
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has now been dismissed by the learned Family Court. This order,
producing it as Ext.P5, has been assailed by the petitioner on
various grounds.
4. Before we move forward, we must record that, on
24.03.2025, when this matter was earlier considered by us, both
sides offered to be present along with the child today.
5. The parties were so present and we interacted with the
child rather extensively.
6. We must say that the child exhibited no ill-will or lack
of affection towards his father and recounted certain instances in
the past where he spent time with him. We did not see any
objection from him to be in the company of his father, though he
seemed to be under pressure on account of the circumstances in
which his parents are fighting with each other for his custody.
7. We thereupon had an interaction with the parents and
the petitioner-mother reiterated that she is not against the
arrangement in Ext.P1 order; but that she is only concerned that
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her son cannot be forced for an overnight stay with his father if
he is not willing to do so.
8. As we have said above, the child did not express any
reservation even before us to be with his father overnight on
Saturdays as allowed in Ext.P1; and are, therefore, of the view
that what the mother has expressed before us is an apprehension
that she may have obtained on account of the strife she is going
through with her now divorced husband.
9. That said, however, we are unhappy that the place of
exchange of the child for the purpose of Ext.P1 should be the
Court premises, because it is our experience that children abhor
going to such and in being paraded in front of lawyers and other
litigants. We, therefore, put it to the parties whether they can
suggest any other place and both of them agreed that the venue
of exchange of the child hereinafter can be in front of the
'Changampuzha Park', Edappally, Eranakulam.
In the afore circumstances, we dispose of this Original
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Petition, confirming Ext.P1; however, modifying it to the limited
extent that the place of exchange of the child, for the purpose of
the arrangement therein, shall be in front of the gate of the
'Chamgampuzha Park' on the National Highway at Edappally.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B. SNEHALATHA
JUDGE
RR
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OP(FC) 153/25
APPENDIX OF OP (FC) 153/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ORDER IN I.A. NO.
4025/2022 IN O.P.NO. 1858/2022 DATED
15.10.2022
Exhibit P2 THE TRUE COPY OF THE I.A. 17/2024 IN
I.A.NO. 4025/2022 IN O.P.NO. 1858/2022
FILED BY THE PETITIONER SEEKING
MODIFICATION OF EXT-P1 ORDER BEFORE THE
FAMILY COURT, ERNAKULAM DATED 06.11.2024
Exhibit P3 THE TRUE COPY OF THE OBJECTION FILED BY
THE RESPONDENT TO EXT-P2 APPLICATION
BEFORE THE FAMILY COURT, ERNAKULAM DATED
30.11.2024
Exhibit P4 THE TRUE COPY OF THE OBJECTION FILED BY
THE RESPONDENT TO I.A. NO. 14/2024
BEFORE THE FAMILY COURT, ERNAKULAM DATED
03.08.2024
Exhibit P6 THE TRUE COPY OF THE INTERLOCUTORY
APPLICATION IN I.A.NO. 21/2025 IN O.P
1858/2022 FILED BY THE RESPONDENT DATED
10.03.2025
Exhibit P7 TRUE COPY OF THE ORIGINAL PETITION
NO.1858/2022 FILED BY THE RESPONDENT
BEFORE THE FAMILY COURT, ERNAKULAM DATED
01.07.2022
Exhibit P8 TRUE COPY OF THE INTERLOCUTORY
APPLICATION TO CHRISTMAS CUSTODY
PETITION 2024 IN I.A.NO. 19/2024 IN
O.P.NO.1858/2022 FILED BY THE RESPONDENT
DATED 04.12.2024
Exhibit P9 TRUE COPY OF THE INTERLOCUTORY
APPLICATION TO ONAM CUSTODY PETITION IN
I.A.NO. 14/2024 IN O.P.NO.1858/2022
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FILED BY THE RESPONDENT DATED 17.08.2024
Exhibit P10 TRUE COPY OF THE COUNTER AFFIDAVIT FILE
BY THE PETITIONER IN I.A. 19/2024 IN
O.P. 1858/2022 DATED 10.11.2024
Exhibit P11 TRUE COPY OF THE INTERLOCUTORY
APPLICATION TO INTERIM CUSTODY OF THE
MINOR SON IN I.A.NO. 4025/2022 IN
O.P.NO.1858/2022 FILED BY THE RESPONDENT
DATED 01.07.2022
RESPONDENT EXHIBITS
Exhibit R1(a) A True Copy of order dated 17/11/2022 in
CMP No. 713/2022 on the files of the
Honourable Additional District and
Sessions Court (for the Trial of Cases
Relating to Atrocities and Sexual
Violence against Women and Children),
Ernakulam
Exhibit R1(b) A true copy of the order dated
07/12/2023 in B. A. No. 6010/2023 on the
files of the Honourable High Court of
Kerala
Exhibit R1(c) A true copy of the photograph taken at
the residence of the Respondent on
16/03/2025 while the minor child was
with the Respondent
