Kerala High Court
Shahir vs Remeesha Thasni on 17 October, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
OP (FC) NO. 572 OF 2025
AGAINST THE ORDER DATED 26.09.2025 IN IA 2/2024 IN OP(G&W)
NO.1527 OF 2024 OF FAMILY COURT,KOZHIKODE
PETITIONER/RESPONDENT/RESPONDENT:
SHAHIR, AGED 38 YEARS
S/O SAID MUHAMMED, KARIKKAMPARAMBIL (H), KOODARANJI,
THAMARASSERY TALUK, KOZHIKODE - 673603
SRI.SHARAN SHAHIER
SMT.RHEA SHERRY
SMT.ANGELINA JOY
SMT.SHWETHA MARIA SOLOMON
SMT.UMAMAHESWARY P.M.
RESPONDENT/PETITIONER/PETITIONER:
REMEESHA THASNI
AGED 29 YEARS, D/O KUNHIMUHAMMED, CHETTALI, KAKKAD
P.O., TIRURANGADI, MALAPPURAM - 676306
SMT.K.REEHA KHADER
SMT.SREELAKSHMI SABU
SMT.UMMUL FADLA T.
SMT.HASANATH P.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
17.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:77581
OP (FC) NO. 572 OF 2025
2
JUDGMENT
Devan Ramachandran, J.
The petitioner challenges the order of the learned Family
Court, Kozhikode, in IA No.2/2024 in OP No.1527/2024, directing
to hand over his younger child of 2½ years to the respondent -
mother, producing it as Ext.P4.
Sri.Sharan Shahier - appearing for the petitioner,
submitted that the couple has two other children of 9 and 8 years
old respectively, and that they are already with his client. He
argued that, therefore, the impugned order, directing him to hand
over the 3rd child to the respondent - mother, is unjustified,
particularly because it will create sibling alienation among the
children. He thus prayed that Ext.P4 be set aside.
Before we move forward, we record that, on 09.10.2025,
the parties were personally present before us, along with all the
children. We interacted with them and our impressions gathered
are indited in our order of the said day, extracted below:
"The parties are before us today and we
interacted with them, as also with the children.
2. The youngest of the children - boy, was
immediately friendly with the mother, though the two girls
initially showed some reluctance. However, after some
time, the elder also became very friendly, though the other
2025:KER:77581
OP (FC) NO. 572 OF 2025
girl continued to show some kind of alienation to the
mother.
3. We are without doubt that, before we take a
final decision in this case, the children should be left with
the mother for at least a couple of days, to verify and
ascertain how they react to the situation.
In the afore circumstances, and since this
arrangement is not opposed, we allow the children to be
with the mother until the next posting date, on which date,
they will be again produced."
We considered the matter thereafter on 13.10.2025, when
the parties were again present with the children. However, this
time, we saw a completely different scenario, where the children
were unwilling to go with the father.
This is obviously how children behave. They have a
preference for the parent in custody, be that brief or long; and this
is exactly the scenario presented.
We, therefore, recorded the afore situation in our order
dated 13.10.2025, as ut infra.
"Read order dated 09.10.2025.
The children are produced by the mother, but
they are unwilling to go to the father now.
The mother says that she will be able to obtain
admission for the girls in a local school near her residence.
We cannot take a decision until we can confirm
whether the children could be admitted to such a school.
We, therefore, adjourn this matter to be called on
17.10.2025 when the parties remain present but without
the children.
The interim arrangement earlier granted will
continue until then."
2025:KER:77581
OP (FC) NO. 572 OF 2025
The matter was considered today to verify whether the
mother will be able to get admission for her children to the school
near her residence.
2. Smt.Reeha Khader - appearing for the respondent,
submitted that her memo has been filed on record, giving the
details of the school where the admission has been obtained -
namely, "GMUP School", Kakkad, Thirurangadi, Malappuram
District.
3. Sri.Sharan Shahier- learned counsel for the petitioner,
submitted that, in view of the chain circumstances, his client is
willing to allow the children to be with the mother, since his intent
is to be the best father. He, however, prayed that his client be
allowed to visit the children at any time of his choice, particularly
during the weekends; and also to call them on phone without any
limitation.
4. Smt.Reeha Khader - appearing for the respondent,
accepted the afore, but requested that any order of interim
custody be confined to specified days, so that there will be no
confusion.
5. Though we are aware that the parties are involved in
2025:KER:77581
OP (FC) NO. 572 OF 2025
litigation before the learned Family Court, we are of the firm view,
that the above consent would literally make that now redundant.
Of course, it is for the parties to approach the learned Family
Court and decide how to deal with the Original Petition in future.
6. As matters now stand, the children are with the mother
and a school for them near the residence of the respondent has
been identified.
7. We, therefore, dispose of this Original Petition in the
following manner, with the full consent of both sides, and as
requested by them:
(a) The impugned order, namely Ext.P4, is modified,
recording that all the three children are with the mother.
(b) Though the mother will be presently in custody of the
children, either permanently or otherwise, subject to the final
orders to be issued in OP No.1527/2024, we allow the father to be
in interim custody of the children from 10 a.m. on the first and
third Saturdays, till 6 p.m. on that day. The place of exchange for
this shall be in front of the gate of the residential house of the
mother.
(c) Additionally, the father is entitled to hold interim
custody of the children from 10 a.m. every second and fourth
2025:KER:77581
OP (FC) NO. 572 OF 2025
Saturdays, till 5 p.m. the ensuing Sundays; for which also, the
place of exchange shall be in front of the gate of the residential
house of the mother.
(d) We record the undertaking of the respondent - mother
that she will ensure that the children are given full support,
particularly to the third child, who is admittedly undergoing
speech therapy; as also the undertaking of the petitioner - father,
that he will support the family for such purpose by all means.
The afore will continue until such time as any further
orders are issued by the learned Family Court; or if the parties are
so willing, they can accept this as the final arrangement and have
the Original Petition itself disposed of without any further orders.
Of course, this is left for them to decide, but we hope that better
discretion will play upon their minds, to understand that their
actions in strife will affect the children deleteriously.
Sd/- DEVAN RAMACHANDRAN
JUDGE
Sd/- M.B. SNEHALATHA
JUDGE
stu
2025:KER:77581
OP (FC) NO. 572 OF 2025
APPENDIX OF OP (FC) 572/2025
PETITIONER EXHIBITS
Exhibit P1 A COPY OF HER AFFIDAVIT AND IA 2/2024 IN OP
(G&W) 1527/2024 FILED BY THE RESPONDENT
BEFORE THE FAMILY COURT KOZHIKODE
Exhibit P2 THE SUMMONS ISSUED FOR PETITION DATED
05.10.2024
Exhibit P3 TRUE COPY OF THE COUNTER DATED 08.05.2025
FILED BY THE PETITIONER IN OP (G&W) 1527/2024
FILED BY THE RESPONDENT BEFORE THE FAMILY
COURT KOZHIKODE
Exhibit P4 THE IMPUGNED ORDER DATED 26.09.2025 IN IA NO.
Exhibit P5 A TRUE COPY OF THE INTERIM ORDER DATED
