Partly allowed

Hanan U v. Muhammes Shafeeque

Kerala HC14 Aug 2013Mat.Appeal/539/2013

Case brief

AI extract

What is this about?

The High Court modified a Family Court order awarding full custody to the father. It granted the mother weekend custody, requiring the father to produce the child every Saturday to be taken to the school where classes start on the following Monday.

What did the court decide?

The visitation right was replaced by weekend custody for the mother; the child is to be handed over to her on Saturdays and returned to the father's custody (via school drop-off) before Monday classes

Hanan U Vs Muhammes Shafeeque — Child Custody and Guardianship | Kerala HC (2013)

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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 ANTONY DOMINIC

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THE HONOURABLE MR. JUSTICE P.D.RAJAN

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WEDNESDAY, THE 14TH DAY OF AUGUST 2013/23RD SRAVANA, 1935

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Mat.Appeal.No. 539 of 2013 ()

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AGAINST THE ORDER IN OP 935/2011 of FAMILY COURT, MALAPPURAM DATED 28-06-2013

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APPELLANT(S)/RESPONDENT:

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HANAN. U.,

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D/O.MARAKKARKUTTY HAJI, UNNIYALUKKAL HOUSE, YARAM PADI O.K.MURI POST, VENGARA, MALAPPURAM DISTRICT.

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BY ADVS.SRI.BABU S. NAIR SRI.K.RAKESH

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RESPONDENT(S)/PETITIONER:

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MUHAMMED SHAFEEQUE S/O.BEERASHA, ILLIKLKAL VEEDU, FEROKKE FEROKKE PETTA, KOZHIKODE TALUK, KOZHIKKODE DISTRICT PIN 673 631.

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R1 BY ADV. SRI.RONALD PAUL FOR CAVEATOR

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THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 14-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Mat.Appeal.No. 539 of 2013 ()

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APPENDIX

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APPELLANT'S EXHIBITS

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ANNEX-A: COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL OF AL-IHSAN ENGLISH SCHOOL, DATED 31-7-2013.

TRUE COPY

PA TO JUDGE.

acd

ANTONY DOMINIC & P.D. RAJAN, JJ.

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Mat. Appeal No.539 of 2013

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Dated this the 14^th day of August, 2013

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JUDGMENT

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ANTONY DOMINIC,J.

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Heard the learned counsel for the appellant and the learned counsel appearing for the respondent.

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This appeal arises from the order passed by the Family Court in O.P.No.935/2011. The O.P. was filed by the respondent herein seeking full custody of the minor child ' Akhil'. By the order impugned, the Family Court allowed the petition and directed the appellant to produce the child before the Counsellor on 03-07-2013 and handover him to the respondent. The appellant was also allowed to have visitation right of the child before the Counsellor twice in every month, i.e., 2^nd Saturday and 4^th Saturday of every month between 10 a.m. And 4 p.m.

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Although various submissions have been made by the learned counsel for the appellant, a reading of the order shows that the arrangement now ordered by the Family Court will subserve the welfare of the child. As rightly found by the Family Court, the husband is a businessman and his parents are healthy and are also willing to

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Mat. Appeal No.539/13 2

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look after the child. On the other hand, the wife, who is re-married, is having no independent income of her own and in order to maintain the child, she is depending the maintenance to be provided by the respondent. Added to this, the Family Court also has recorded that during its interaction with the child, he himself has expressed his willingness to go with the father. It was in such circumstances that the Family Court has passed the order impugned and we do not find any illegality in the view taken by the Family Court.

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However, we do find substance in the grievance of the mother that she should have at least been given weekend custody of the child. The appellant, being the mother, is also entitled to enjoy the custody of the child and that will also be in the welfare of the child himself.

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In such circumstances, we modify the direction of the Family Court giving her visitation right and instead, direct that, on every Saturday, the respondent will produce the child before the Counsellor of the Family Court at 10 a.m. Thereupon the child will be handed over to the appellant and the appellant will return the child at the school, where the child is now studying, before the classes start on the succeeding Monday. This arrangement will

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Mat. Appeal No.539/13

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continue until otherwise ordered by the Family Court .

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Subject to the above, order of the Family Court will

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stand confirmed.

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The Mat. Appeal is disposed of as above.

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ANTONY DOMINIC, JUDGE

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P.D. RAJAN, JUDGE.

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acd

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The order dated 5.12.2013 in I.A.No.3146/2013 in Mat. Appeal No. 539/2013 is attached along with the judgment dated 14.8.2013 in Mat. Appeal No.539/2013, vide order dated 5.12.2013 in I.A. No.3146/2013.

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Sd/Registrar (Judicial)

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Mat. Appeal No.539/13 4

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Mat. Appeal No.539/13 5

Hanan U v. Muhammes Shafeeque

Case brief

What is this about?

What did the court decide?

Hanan U v. Muhammes Shafeeque

Case brief

What is this about?

What did the court decide?

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