The High Court of Kerala held that matrimonial appeals regarding the custody of a minor child became infructuous as the child, Naureene Abdul Azeez, had attained majority during the pendency of the appeals. Consequently, the appeals were dismissed.
Appeals dismissed as infructuous due to the child attaining majority during pendency.
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 A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
MAT.APPEAL NO. 886 OF 2014
AGAINST THE ORDER/JUDGMENT IN OP(G & W) NO.359/2009 OF FAMILY COURT, THIRUVALLA, PATHANAMTHITTA
APPELLANT/S:
DR.S.ABDUL AZEEZ, AGED 43 YEARS, S/O.SUBAIR KUNJU, VENCHAMBI HOUSE, CHEKKAKONAM.P.O, NEDUMANGADU VILLAGE AND TALUK, THIRUVANANTHAPURAM DISTRICT, REPRESENTED THROUGH POWER OF ATTORNEY HOLDER, A.SULAIMAN, AGED 47 YEARS, S/O.AHAMMED KHAN, R/AT TC-15/886(2), PLAPPALLY LANE, VAZHUTHACAUD, THYCAUD.P.O, THIRUVANANTHAPURAM.
BY ADV SRI.A.AHZAR
RESPONDENT/S:
1 K.K. HASSAN RAWTHER, AGED 65 YEARS, R/T, CRESCENT VIEW, KONNAMONKARA MURI, ADOOR.P.O, ADOOR VILLAGE AND TALUK, PATHANAMTHITTA DISTRICT.
2 S.FATHIMA BEEVI, R/T, CRESCENT VIEW, KONNAMONKARA MURI, ADOOR.P.O, ADOOR VILLAGE AND TALUK, PATHANAMTHITTA DISTRICT.
3 DR.ANJANA HASSAN, AGED 35 YEARS, D/O.HASSAN RAWTHER, R/T, CRESCENT VIEW, KONNAMONKARA MURI, ADOOR.P.O, ADOOR VILLAGE AND TALUK,PATHANAMTHITTA DISTRICT. NOW RESIDING AT 1201, 17TH AVENUE SOUTH, APARTMENT F, NASH VILLE, TENNIESSEE, USA.
BY ADV SRI.S.ABDUL RAZZAK
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 17.09.2021, ALONG WITH MAT.APPEAL NO.888/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal Nos.886 & 888/2014 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
MAT.APPEAL NO. 888 OF 2014
AGAINST THE ORDER/JUDGMENT IN OP(G&W)NO.35/2010 OF FAMILY COURT, THIRUVALLA, PATHANAMTHITTA
APPELLANT/S:
DR.S.ABDUL AZEEZ, AGED 43 YEARS, S/O.SUBAIR KUNJU, VENCHAMBI HOUSE, CHEKKAKONAM.P.O, NEDUMANGADU VILLAGE AND TALUK, THIRUVANANTHAPURAM DISTRICT. REPRESENTED THROUGH POWER OF ATTORNEY HOLDER, A.SULAIMAN, S/O.AHAMMED KHAN, R/AT TC-15/886(2), PLAPPALLY LANE, VAZHUTHACAUD, THYCAUD.P.O, THIRUVANANTHAPURAM.
BY ADV SRI.A.AHZAR
RESPONDENT/S:
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 17.09.2021, ALONG WITH MAT.APPEAL NO.886/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal Nos.886 & 888/2014 3
JUDGMENT
[Mat.Appeal Nos.886/2014, 888/2014]
. A.Muhamed Mustaque, J
These appeals are related to the custody of a minor child, namely, Naureene Abdul Azeez. Pending the appeals, the child has become major. In such circumstances, these appeals have become infructuous. Accordingly, these appeals are dismissed as infructuous.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
DR. KAUSER EDAPPAGATH, JUDGE
ln
1 issue framed by the court
Whether the appellate proceedings regarding custody of a minor child are maintainable after the child has attained majority.
DR.S.ABDUL AZEEZ
DR.ANJANA HASSAN
K.K. HASSAN RAWTHER
S.FATHIMA BEEVI
A.MUHAMED MUSTAQUE
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
