This court dismissed an original petition regarding vacation custody as infructuous because the period covered by the supporting evidence (Ext.P4) had expired.
Petition dismissed as infructuous.
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 THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
OP (FC) NO. 277 OF 2021
AGAINST THE ORDER DATED 25.3.2021 IN IA 3/2021 IN OP 344/2020 OF FAMILY COURT, TIRUR, MALAPPURAM
PETITIONER/RESPONDENT:
SHIBIL SHERIN, AGED 29 YEARS D/O KUNJIMUHAMMED KUTTI, VILAPPIL HOUSE, RANDATHANI P.O, KALPAKANCHERI VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT, PIN676510.
BY ADV P.T.SHEEJISH
RESPONDENT/PETITIONER:
LUCKMANUL HAKIM, AGED 39 YEARS S/O MARAKKAR, KIZHKENEROTH HOUSE, MANGAD P.O, UNNIKULAM VILLAGE, KOYILANDI TALUK, KOZHIKODE DISTRICT, PIN-673574.
BY ADVS. M.PROMODH KUMAR MAYA CHANDRAN
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC).No.277/2021
-:2:-
Dated this the 23rd day of September, 2021
A.Muhamed Mustaque,J.
The impugned order in this original petition is in respect of the
custody of the child during vacation. The main challenge was in
regard to Ext.P4 and the period mentioned in Ext.P4 is over. Hence
this matter has become infructuous.
This original petition is dismissed as infructuous.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To Judge
1 issue framed by the court
Whether the original petition for vacation custody remains maintainable given the expiry of the period in Ext.P4.
SHIBIL SHERIN
LUCKMANUL HAKIM
A.MUHAMED MUSTAQUE
KAUSER EDAPPAGATH THURSDAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
