Disposed

Salman Bin Ameer Ali, Aged 40 Years, S/O. Ameer v. Hasheen Mehamood, D/O.K.K.Mohammed, Aged 35 Years

Kerala HC2 Sept 2022OP (FC)/497/2022

Case brief

AI extract

What is this about?

The High Court invoked supervisory jurisdiction under Article 227 to direct the Family Court, Ernakulam, to consider pending custody applications expeditiously. The court fixed a date and set a two-week timeline for the first respondent to comply.

What did the court decide?

Mandatory direction to the Family Court to consider the pending interlocutory application for custody by 15.09.2022 and pass orders within two weeks.

Salman Bin Ameer Ali, Aged 40 Years, S/O… — Child Custody and Guardianship | Kerala HC (2022)

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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 ANIL K. NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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FRIDAY, THE 2ND DAY OF SEPTEMBER 2022 / 11TH BHADRA, 1944

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O.P.(FC)NO.497 OF 2022

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IN O.P.NO.2240 OF 2020 OF THE FAMILY COURT, ERNAKULAM

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PETITIONER:

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SALMAN BIN AMEER ALI,
AGED 40 YEARS,
S/O. AMEER ALI,
RESIDING AT SALMANS MALIAKKAL, ACHANVEETTIL LANE,
SRM ROAD, ERNAKULAM DISTRICRT , PIN - 682012

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BY ADVS.
V.PREMCHAND
SURYA MOHAN P.
FATHIMA SHALU S.

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RESPONDENT:

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HASHEEN MEHMOOD, D/O K.K. MOHAMMED,
RESIDING AT NEST HOUSE, KSHB COLONY,
PERINTHALMANNA, MALAPPURAM DISTRICT, PERMANENTLY
RESIDING AT APARTMENT NO.093, BUILDING NO.D, DLF
NEW TOWN HEIGHTS, KAKKANAD, ERNAKULAM DISTRICT ,
PIN - 682030

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BY ADVS.
SAMSUDIN PANOLAN
MILAN RACHEL MATHEW(K/001735/2020)
LIRA A.B.(K/001251/2021)

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P. SHAMSHUDEEN

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
02.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(FC)NO.497 OF 2022

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JUDGMENT

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Anil K. Narendran, J.

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The petitioner-father filed O.P.No.2240 of 2020 before the Family Court, Ernakulam, for custody of his minor children born out of the wedlock with the respondent. The children, namely, Hanan Bin Salman (Girl) is aged 14 years and Mohammed Bin Salman (Boy) is aged 7 years. O.P.No.371 of 2021 filed by the respondent-mother (which was originally filed before the Family Court, Malappuram) is now pending before the Family Court, Ernakulam, for custody of Mohammed Bin Salman.

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In O.P.No.2240 of 2020, the petitioner-father filed I.A.No.4209 of 2022, an application seeking an order directing

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the respondent-mother to hand over the custody of Mohammed Bin Salman to the petitioner, to pursue his studies at Greets Public School, Ernakulam. The petitioner has filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the Family Court to take up Ext.P3 interlocutory application, i.e., I.A.No.4209 of 2022 in O.P.No.2240 of 2020, within a time limit.

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On 29.08.2022, when this original petition came up for

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O.P.(FC)NO.497 OF 2022

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admission, this Court admitted that matter on file and issued noticed to the respondent-mother by speed post.

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On 31.08.2022, this Court directed both parties to

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appear before this Court. Pursuant to that order, both parties along with the minor boy were personally present in Court.

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Adv. Sri. P. Shamshudeen enters appearance for the respondent-mother. We have interacted with the petitioner, the respondent and also the minor child, namely, Mohammed Bin Salman. We have also heard arguments of the learned counsel on both sides.

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The respondent-mother would submit that the child is presently studying in Viswaprakash Central School at Thiruvananthapuram in the II^nd standard. He is staying along with the mother. The minor daughter is staying along with the petitioner-father.

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Now, I.A.No.4209 of 2022 in O.P.No.2240 of 2020, filed by the petitioner-father and I.A.No.3466 of 2022 in O.P.No.371 of 2021 filed by the respondent-mother are pending consideration before the Family Court, Ernakulam.

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Having considered the submissions made by the learned counsel on both sides, we deem it appropriate to direct

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O.P.(FC)NO.497 OF 2022

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the Family Court, Ernakulam to consider I.A.No.4209 of 2022 in O.P.No.2240 of 2020 on 15.09.2022 and pass appropriate orders

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thereon, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a certified copy of this judgment.

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The original petition is disposed of as above.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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MIN

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O.P.(FC)NO.497 OF 2022

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APPENDIX OF OP (FC) 497/2022

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PETITIONER EXHIBITS

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EXHIBIT-P1 TRUE COPY OF THE JUDGMENT IN
O.P.(FC).NO.22/2021 BEFORE THE HONBLE
HIGH COURT OF KERALA AT ERNAKULAM DATED
21-1-2021

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EXHIBIT-P2 A TRUE COPY OF THE ORDER IN
I.A.NO.1/2021 IN O.P.(FC).NO.22/2021
BEFORE THE HONBLE HIGH COURT OF KERALA
AT ERNAKULAM DATED 10-9-2021

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EXHIBIT-P3 TRUE COPY OF THE I.A.NO.4209/2022 IN
O.P.NO.2240/2020 BEFORE THE FAMILY
COURT, ERNAKULAM DATED 4/7/2022

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EXHIBIT-P4 TRUE COPY OF THE E MAIL DATED 22-06-
2022 FROM GREETS PUBLIC SCHOOL

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EXHIBIT-P5 TRUE COPY OF THE CASE STATUS IN
O.P.NO.2240/2020 BEFORE THE FAMILY
COURT ERNAKULAM

Salman Bin Ameer Ali, Aged 40 Years, S/O. Ameer v. Hasheen Mehamood, D/O.K.K.Mohammed, Aged 35 Years

Case brief

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What did the court decide?

Salman Bin Ameer Ali, Aged 40 Years, S/O. Ameer v. Hasheen Mehamood, D/O.K.K.Mohammed, Aged 35 Years

Case brief

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What did the court decide?

What the court decided

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