Abbas v. Rafeek
Case brief
What is this about?
This original petition challenged a Family Court order granting custody of minor children separately. The High Court held that children should not be separated unless extreme circumstances exist and modified the order.
What did the court decide?
Custody of all children granted to the father; visitation rights for maternal grandparents fixed; matter remanded to Family Court after coordination with Child Welfare Committee.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
OP (FC) NO. 284 OF 2023
AGAINST THE ORDER DATED 11/4/2023 IN I.A.NO.2/2023 IN GOP NO.1403/2023 OF FAMILY COURT, KUNNAMKULAM
PETITIONERS/RESPONDENTS:
- 1 ABBAS, AGED 34 YEARS, S/O.MUHAMMED HANEEFA, PUTHIYA VEETTIL, CHALUKULAM, KASTHOORBHA, KENDRAM DESOM, VALAPPAD VILLAGE & P.O, CHAVAKKAD TALUK, PIN – 680567.
- 2 SHAMEER, AGED 28 YEARS, S/O.MUHAMMED HANEEFA, PUTHIYA VEETTIL, CHALUKULAM, KASTHOORBHA, KENDRAM DESOM, VALAPPAD VILLAGE & P.O, CHAVAKKAD TALUK, PIN – 680567.
Issues for consideration
2 issues framed by the court
Whether custody of minor children can be granted solely to the father without separating siblings.
Whether the father is capable of handling the upbringing of all children together.
Parties & counsel
- petitioner
ABBAS
- petitioner
SHAMEER
- petitioner
SHAMNA
- respondent
RAFEEK
- respondent
SHAJITHA
- respondent
Case details
As recorded by the court registry
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