Allowed

Mohammed Safeque v. Sulekha

Kerala HC28 May 2012OP (FC)/585/2012

Case brief

AI extract

What is this about?

This petition challenges the Family Court's non-reasoned order dismissing a custody petition for lack of jurisdiction. The High Court set aside the impugned order and directed the Family Court to consider the matter afresh and pass a reasoned order. Possibilities

What did the court decide?

The order of the Family Court setting aside the petitioner's petition is set aside. The matter is remanded to the Family Court to pass a reasoned order.

Mohammed Safeque Vs Sulekha — Child Custody and Guardianship | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.T.SANKARAN &

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THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS

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MONDAY, THE 28TH DAY OF MAY 2012/7TH JYAISHTA 1934

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OP (FC).No. 585 of 2012 (R)

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PETITIONER(S):

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MOHAMMED SHAFEQUE, AGED 31 YEARS S/O.LATE ABDULLA, PERIKKANGAL HOUSE, CHERUKAVU AMSOM KURIYEDOM, IKKARAPADY P.O., ERNADU TALUK MALAPPURAM DISTRICT.

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BY ADV. SRI.SIRAJ KAROLY

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RESPONDENT(S):

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SULEKHA, AGED 44 YEARS W/O.K.M.SAGEER, KODAKARAPARAMBIL HOUSE P.O.PUTHENCHIRA, MALA VIA THRISSUR DISTRICT-680 114.

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BY ADV. SRI.R.MURALEEKRISHNAN BY ADV. SRI.P.M.MUJEEB REHIMAN

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THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 28-052012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(FC) 585 OF 2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT P1. TRUE COPY OF THE PETITION FILED BEFORE THE FAMILY COURT, MALAPPURAM DATED 14/2/2012.

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EXHIBIT P2. TRUE COPY OF THE APPLICATION FOR INTERIM CUSTODY FILED BY THE PETITIONER DATED 14/2/2012.

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EXHIBIT P3. TRUE COPY OF THE PETITION SEEKING A DIRECTION TO THE HEADMISTRESS OF THE SCHOOL FILED BY THE PETITIONER.

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EXHIBIT P4. TRUE COPY OF THE UNNUMBERED INTERLOCUTORY APPLICATION DATED 14/2/2012.

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EXHIBIT P5. TRUE COPY OF THE ORDER HAND WRITTEN COPY OF THE ENDOROSEMENT DATED 15/2/2012.

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RESPONDENTS' EXHIBITS

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EXT.R1 : TRUE COPY OF THE MARRIAGE CERTIFICATE OF THE RESPONDENT.

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EXT.R2 : TRUE COPY OF THE COMPLAINT DT. 20.2.2012 SUBMITTED BY THE RESPONDENT.

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EXT.R3 : TRUE COPY OF THE RATION CARD OF THE RESPONDENT.

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(TRUE COPY)

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K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.

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O.P.(FC) No.585 of 2012

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----------------------------------------------Dated 28^th May, 2012.

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J U D G M E N T

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K.T.Sankaran, J.

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The petitioner is the brother of Asifa, minor, aged 13 years. Their father Abdulla died. Abdulla had filed O.P.No.293/10, before the Family Court, Malappuram, for the custody of his child, Asifa. Abdulla died on 1.5.2010 and thereupon, O.P.No.293/10 was dismissed by the Family Court. Thereafter, the petitioner filed an Original Petition before the Family Court, for the custody of Asifa. The Family Court returned the Original Petition, with the following endorsement : “Since this court has no jurisdiction return the file”. The order returning the Original Petition is under challenge in this Original Petition (Family Court).

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The Family Court did not state any reason for holding that it has no jurisdiction. From the order passed by the Family Court, it is not clear on what ground, the Family Court held that it lacks jurisdiction. The order passed by the Family Court is not a speaking order, nor a reasoned order.

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Accordingly, the order passed by the Family Court

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O.P.(FC) 585/12

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is set aside. The Family Court shall consider the matter afresh, on the petitioner re-presenting the Original Petition before that court. The Family Court shall pass a reasoned order.

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The Original Petition (Family Court) is allowed as

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above.

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Sd/-

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K.T.SANKARAN, JUDGE.

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Sd/-

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M.L.JOSEPH FRANCIS, JUDGE.

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tgs

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(true copy)

Mohammed Safeque v. Sulekha

Case brief

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Mohammed Safeque v. Sulekha

Case brief

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