[Cites 1, Cited by 0]
Kerala High Court
Shamseer. R.S vs Sumeena P.M on 20 February, 2026
Author: Devan Ramachandran
Bench: Devan Ramachandran
2026:KER:15423
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA,
1947
OP (FC) NO. 122 OF 2026
OP NO.36 OF 2026 OF FAMILY COURT, IRINJALAKUDA
PETITIONER/1ST RESPONDENT:
SHAMSEER R.S., AGED 34 YEARS
S/O. SUBAIR, RAYAMARAKKAR HOUSE,
KUNDALIYOOR P.O., KUNDALIYOOR DESOM,
ENGANDIYOOR VILLAGE, CHAVAKKAD TALUK,
THRISSUR DISTRICT, PIN - 680616.
BY ADVS.
SRI.SHAJIN S.HAMEED
SRI.P.M.SANEER
RESPONDENTS/PETITIONERS & 2ND RESPONDENT:
1 SUMEENA P.M, AGED 34 YEARS
D/O. MUHAMMED, PUVATTHUMPARAMBIL HOUSE,
AZHICODE P.O., ERIYAD DESOM,
ERIYAD VILLAGE, KODUNGALLOOR TALUK,
THRISSUR DISTRICT.,
PIN - 680666.
2 DIYA NASRIN, AGED 11 YEARS
D/O. SHAMSEER R.S.,
2026:KER:15423
OP (FC) NO. 122 OF 2026
-2-
REPRESENTED BY SUMEENA P.M. (MOTHER).
PUVATTHUMPARAMBIL HOUSE, AZHEECODE P.O.,
ERIYAD DESOM, ERIYAD VILLAGE,
KODUNGALLOOR TALUK, THRISSUR DISTRICT.,
PIN - 680666.
3 LIYA NASRIN, AGED 5 YEARS
D/O. SHAMSEER R.S.,
REPRESENTED BY SUMEENA P.M. (MOTHER).
PUVATTHUMPARAMBIL HOUSE, AZHEECODE P.O.,
ERIYAD DESOM, ERIYAD VILLAGE,
KODUNGALLOOR TALUK, THRISSUR DISTRICT.,
PIN - 680666.
4 NITHYA SATHYAN, D/O. SATHYAN,
VALIYAPARAMBIL HOUSE, AZHIKKAL P.O.,
AALAPPAD, OCHIRA, AALAPPAD VILLAGE,
KARUNAGAPALLY TALUK, KOLLAM DISTRICT.,
PIN - 680567.
SMT SIKHA G NAIR
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 20.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:15423
OP (FC) NO. 122 OF 2026
-3-
JUDGMENT
Devan Ramachandran, J.
The limited plea of the petitioner is that
the learned Family Court, Irinjalakuda, be
directed to issue him orders in IA Nos.2/2026
and 3/2026 in OP No.36/2026, within a time frame
to be fixed by this Court.
2. Sri.Shajin S.Hameed - learned counsel
for the petitioner, submitted that his client
has now been put to great prejudice because, the
copies of the orders above said have not yet
been received by him, though he is facing a
warrant of arrest and other consequences,
including under the provisions of Order XXXVIII,
Rule 1 of the Code of Civil Procedure (CPC).
3. Hearing the learned counsel for the
2026:KER:15423
OP (FC) NO. 122 OF 2026
petitioner as afore, we called for a report from
the learned Family Court, which is now
available.
4. The learned Family Court tells us that
the copies of the orders in question will be
issued to the petitioner not later than
25.02.2026.
5. Normally, the matter should have ended
here; but we see that, even without the
petitioner being able to challenge the orders,
he is now facing a warrant of arrest, issued
against him on 28.03.2026 after the learned
Court forfeited his earlier bond on the ground
that he did not surrender his passport - which
is also stated to be a condition imposed in the
orders, the copies of which are now sought for.
6. Smt.Sikha G. Nair - learned counsel for
2026:KER:15423
OP (FC) NO. 122 OF 2026
the respondents, submitted that the learned
Family Court has acted well within its
jurisdiction and competence because, the
petitioner is refusing to comply with lawful
orders; and that he is likely to leave India to
avoid his statutory obligations, including
payment of maintenance to his client.
7. We have no doubt that the rival
interests of the parties will have to be
lawfully protected, till such time as the
petitioner obtains orders from the learned
Family Court, as have now been sought for. This
is more so, when the learned Court itself says
that the orders will be ready only by 25.02.2026
or so.
8. In the afore circumstances, we allow
this Original Petition, recording the report of
2026:KER:15423
OP (FC) NO. 122 OF 2026
the learned Family Court that the orders in
question will be issued to the petitioner not
later than 25.02.2026; with a consequential
direction to it that the warrant of arrest
issued against him be not executed until
04.03.2026.
9. We clarify that the above benefit is
being offered to the petitioner on the basis of
his undertaking, as made by his learned counsel
-Sri.Shajin S.Hameed, that he will not travel
out of India until he obtains permission from
the learned Family Court; and that he will
surrender his passport before it within three
days from the date of receipt of a copy of this
judgment.
We consequently further order that, on the
passport being so surrendered and if the learned
2026:KER:15423
OP (FC) NO. 122 OF 2026
Family Court is to find in his favour in future,
it can be released to him as per law, without
having to obtain any further orders from this
Court.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
akv JUDGE
2026:KER:15423
OP (FC) NO. 122 OF 2026
APPENDIX OF OP (FC) NO. 122 OF 2026
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF I.A.NO.2/2026 IN
O.P.NO.36/2026 ON THE FILE OF THE
FAMILY COURT, IRINJALAKUDA.
EXHIBIT-P2 TRUE COPY OF I.A.NO.3/2026 IN
O.P.NO.36/2026 ON THE FILE OF THE
FAMILY COURT, IRINJALAKUDA.
EXHIBIT-P3 TRUE COPY OF THE PETITION
I.A.NO.5/2026 IN O.P.36/2026 ON THE
FILE OF THE FAMILY COURT,
IRINJALAKUDA.
EXHIBIT-P4 TRUE COPY OF THE PRINTOUT OF E-COURT
PROCEEDINGS DATED 11/02/2026 IN
O.P.NO.36/2006 OF THE FAMILY COURT,
IRINJALAKUDA.
EXHIBIT-P5 TRUE COPY OF THE PETITION
I.A.NO.6/2026 IN O.P.NO.36/2026 ON THE
FILE OF THE FAMILY COURT,
IRINJALAKUDA.
EXHIBIT-P6 TRUE COPY OF THE COPY APPLICATION
FILED BY THE PETITIONER FOR GETTING
THE PROCEEDINGS SHEET IN
O.P.NO.36/2026 ON THE FILE OF THE
FAMILY COURT, IRINJALAKUDA.
EXHIBIT-P7 TRUE COPY OF THE URGENT PETITION
I.A.NO.7/2026 IN O.P.NO.36/2026 ON THE
FILE OF THE FAMILY COURT,
IRINJALAKUDA.
2026:KER:15423
OP (FC) NO. 122 OF 2026
EXHIBIT-P8 TRUE COPY OF THE URGENT COPY
APPLICATION FILED BY THE PETITIONER
FOR GETTING THE PROCEEDINGS SHEET IN
O.P.NO.36/2026 ON THE FILE OF THE
FAMILY COURT, IRINJALAKUDA.
EXHIBIT-P9 TRUE COPY OF THE WORK PERMIT RECEIVED
BY THE PETITIONER FROM UNITED ARAB
EMIRATES, MINISTRY OF HUMAN RESOURCES
& EMIRATIZATION DATED 31/01/2026.
