This judgment dismisses the husband's original petition challenging the Family Court's interim custody order. The High Court affirmed that the Family Court correctly prioritized the children's welfare and uninterrupted education by granting custody to the mother, especially as the father was absent from India.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN &
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
TUESDAY, THE 22ND DAY OF MAY 2012/1ST JYAISHTA 1934
OP (FC).No. 3744 of 2011 (R)
AGAINST THE ORDER IN I.A.NO.6101/2011 IN GOP.1775/2011 OF FAMILY COURT, THRISSUR
PETITIONER(S)/RESPONDENT/FATHER:
SHARAFUDHEEN, AGED 36 YEARS MUHAMMED MUSLIYAR, CHERUDINGAN HOUSE THIPPILASSERY DESOM, EDAPPAL VILLAGE THALAPPILLY TALUK.
BY ADV. SRI.C.M.KAMMAPPU
RESPONDENT(S)/PETITIONER/MOTHER:
BINDHIYAS, AGED 29 YEARS D/O.UMMAR MOOSALIPADIKKAL HOUSE, EDAPPAL VILLAGE PONNANI TALUK.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 22-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(FC) 3744/2011
APPENDIX
PETITIONER'S DOCUMENTS :
EXT.P1: COPY OF THE ORDER DATED 8.11.2011 OF FAMILY COURT, THRISSUR IN I.A.NO.6101/2011 IN G.O.P.NO.1775/2011.
EXT.P2: COPY OF CERTIFICATE ISSUED FROM THE SHAHAD MODEL SCHOOL.
EXT.P3: COPY OF CERTIFICATE ISSUED FROM the MUNAWARIYYA ENGLISH SCHOOL.
RESPONDENT'S DOCUMENTS :
NIL
//TRUE COPY//
P.A. TO JUDGE
K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.
O.P.(Family Court) No.3744 of 2011
Dated this the 22nd day of May, 2012
JUDGMENT
Sankaran, J.
The respondent filed G.O.P.No.1775 of 2011 before the Family Court, Thrissur, for getting custody of her minor children. She also filed I.A.No.6101 of 2011 for interim custody of the children. The Family Court by the order dated 8th November, 2011 allowed I.A.No.6101 of 2011 and directed her husband (petitioner) to hand over interim custody of the children to her, in order to enable the children to continue their education in Minhajul Huda English school where the children were studying. The order dated 8th November, 2011 is under challenge in this Original Petition filed by the husband. The appellant is employed in a Gulf country. At present, he is not available in India. The children were with their mother. The children were studying in Minhajul Huda English school. It would appear that later, the appellant got custody of the children. According to the petitioner, when he went to the school where the children were studying, they
O.P.(Family Court) No.3744 of 2011 2
voluntarily went with him. It is not necessary to consider that question for the purpose of disposal of this Original Petition. The Family Court also did not consider that question.
O.P.(Family Court) No.3744 of 2011 3
being. According to us, the Family Court was right in granting interim custody of the children to the mother. We do not think it fit to interfere with the well considered order passed by the Family Court.
The Original Petition is accordingly dismissed.
M.L.JOSEPH FRANCIS
csl
2 issues framed by the court
Whether the Family Court erred in granting interim custody of minor children to the mother despite the children's expressed desire to go with the father.
Whether the High Court should interfere with the Family Court's order on child custody given the father's unavailability in India.
Sharafudheen
Bindhiyas
K.T.Sankaran
M.L.Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
