Allowed

Shafeeque Ali v. Shahana

Kerala HC9 Sept 2021OP (FC)/434/2021

Case brief

AI extract

What is this about?

Original petition filed by father seeking interim custody of minor child and contact rights. Court granted one-week custody and permitted video conferencing contact on specific days, noting maintenance arrears are for a separate proceeding.

What did the court decide?

Interim custody of child granted to petitioner for one week; video conferencing contact allowed on Mondays, Wednesdays, and Fridays between 7:00 p.m. and 7:30 p.m.

Shafeeque Ali Vs Shahana — Child Custody and Guardianship | Kerala HC (2021)

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 9^TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943

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OP (FC) NO. 434 OF 2021

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(IN RELATION TO ORDERS IN I.A.No.5/2021, I.A.No.6/2021, I.A.No.7/2021,

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I.A.No.8/2021 AND I..A.No.9/2021 IN OP(G&W) No.1391/2019

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OF FAMILY COURT, KOZHIKODE, KOZHIKODE)

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PETITIONER/PETITIONER/PETITIONER:

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SHAFEEQUE ALI, AGED 33 YEARS,

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S/O.ABDUL RASHEED, PULIYALIL HOUSE, CHEEKKODE P.O., EDAVANNAPPARA, PALLIPPADI, KONDOTTY TALUK, MALAPPURAM DISTRICT.

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BY ADV K.RAKESH

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RESPONDENT/RESPONDENT/RESPONDENT:

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SHAHANA, AGED 27 YEARS, D/O.SULAIMAN, KAVUTHIYOTTIL HOUSE, CHUNDAPPURAM, KODUVALLY P.O., KOZHIKKODE, PIN - 673 572.

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(F.C.)No.434 of 2021

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A.MUHAMED MUSTAQUE & DR.KAUSER EDAPPAGATH, JJ.

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O.P.(F.C.)No.434 of 2021

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Dated: 9^th September, 2021

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JUDGMENT

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A.Muhamed Mustaque, J

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This original petition is filed by the father of a minor child, seeking interim custody of the child for one week.

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Petitioner/father is employed in Gulf country. Based on

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an interim order dated 6/9/2021, the interim custody of the child was given to the father. Now the child is with the mother/respondent. For any other relief in regard to the interim custody, the petitioner is free to move the Family Court at appropriate time. In the meantime, we also permit the petitioner to contact the child on every Monday, Wednesday and Friday

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O.P.(F.C.)No.434 of 2021

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between 7.00 p.m and 7.30 p.m. through any video conferencing platform convenient for both the parties. The video conferencing platform shall be intimated to the respondent in advance.

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The learned counsel for the respondent submits that huge maintenance arrear is due. The respondent is free to move the appropriate court seeking such directions. We need not consider the same in this Original petition.

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OP(FC) is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE,

JUDGE

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE

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O.P.(F.C.)No.434 of 2021

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APPENDIX OF OP (FC) 434/2021

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PETITIONER EXHIBITS:

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Exhibit P1	TRUE COPY OF THE ORDER DATED
	17/12/2020 PASSED BY THE FAMILY COURT, KOZHIKKODE IN I.A.NO.1338/2020 IN O.P.(G&W) NO.1391/2019.
Exhibit P2	TRUE COPY OF THE INTERIM ORDER DATED 28/1/2021 IN O.P.(FC) NO.67/2021 OF THIS HON'BLE COURT.
Exhibit P3	TRUE COPY OF THE JUDGMENT DATED 1/2/2021 OF THIS HON'BLE COURT IN O.P.(FC) NO.67/2021.
Exhibit P4	TRUE COPY OF THE ORDER DATED 7/4/2021 OF THE FAMILY COURT, KOZHIKKODE IN I.A.NO.5/2021 IN O.P.(G&W) NO.1391/2019.
Exhibit P5	TRUE COPY OF THE ORDER DATED 9/8/2021 IN I.A.NO.8/2021, I.A.NO.7/2021, I.A.NO.6/2021 IN O.P.(G&W) NO.1391/2019 OF FAMILY COURT, KOZHIKKODE.
Exhibit P6	TRUE COPY OF THE INTERLOCUTORY APPLICATION NO.9/2021 DATED, 2/8/2021 FILED BY THE PETITIONER.
Exhibit P7	TRUE COPY OF THE RELEVANT PAGES OF THE CIVIL REGISTRAR MAINTAINED IN FAMILY COURT, KOZHIKKODE.
Exhibit P8	TRUE COPY OF THE PROCEEDINGS PAPER OF THE COURT PERTAINING TO
	O.P.NO.1391/2019 OF FAMILY COURT, KOZHIKKODE.

Shafeeque Ali v. Shahana

Case brief

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What did the court decide?

Shafeeque Ali v. Shahana

Case brief

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What did the court decide?

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