Disposed

Raheez Nizar v. Fathima Iqbal

Kerala HC17 Feb 2023OP (FC)/84/2023

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition invoking Article 227 jurisdiction, directing the Family Court, Kollam, to expedite a pending application for advance hearing of a child custody suit before 24.02.2023, dispensing with notice to the respondent.

What did the court decide?

Directed Family Court, Kollam to pass orders on I.A.No.3 of 2023 as expeditiously as possible, on or before 24.02.2023.

Raheez Nizar Vs Fathima Iqbal — Child Custody and Guardianship | Kerala HC (2023)

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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
FRIDAY, THE 17TH DAY OF FEBRUARY 2023 / 28TH MAGHA, 1944

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OP (FC) NO.84 OF 2023

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FOR SPEEDY CONSIDERATION OF I.A.NO.3 OF 2023 IN O.P.(GW)NO.71
OF 2022 OF THE FAMILY COURT, KOLLAM

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PETITIONER:

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RAHEEZ NIZAR
AGED 32 YEARS
S/O ISMAIL NIZAR, RAHEEZ MANZIL, ATTINGAL P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695101
BY ADVS.
R.RAJESH (VARKALA)
M.KIRANLAL
MANU RAMACHANDRAN
SAMEER M NAIR
GEETHU KRISHNAN
SAILAKSHMI MENON

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RESPONDENT:

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FATHIMA IQBAL
AGED 30 YEARS
W/O RAHEEZ NIZAR, SHAJILA MANZIL, MADAN NADA,
THEKKEVILA P.O., MUNDAKKAL VILLAGE, KOLLAM DISTRICT,
PIN - 691016

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 17.02.2023,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(FC)No.84 of 2023

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JUDGMENT

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Anil K. Narendran, J.

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The petitioner filed O.P.(G&W)No.71 of 2022 before the Family Court, Kollam against the respondent herein-wife, seeking an order to declare him as the guardian of the minor child by name, Raihan Rahees, aged 4 years. The petitioner is presently working at UAE. He has filed I.A.No.3 of 2023 seeking an order for advance hearing of O.P.(G&W)No.71 of 2022, which is listed on 18.03.2023. In the affidavit filed in support of that interlocutory application, the petitioner has stated that he has to leave to his work place on 28.02.2023. 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, Kollam to dispose of Ext.P2 interlocutory application before 28.02.2023. The petitioner has also sought for an order directing the respondent to produce the minor child by name, Raihan Rahees, before the Family Court on a date to be fixed by this Court.

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Heard the learned counsel for the petitioner. Considering the nature of reliefs proposed to be granted, service of notice on the respondent is dispensed with.

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During the course of arguments, the learned counsel for the petitioner would place reliance on the judgment of this Court in Shiju Joy v. Nisha [2021 (2) KLT 607] , wherein it is held that if

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O.P.(FC)No.84 of 2023

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any party moves an application for early hearing, the Family Court

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shall dispose of such application, as expeditiously as possible, at any

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rate, within two weeks from the date of moving such application.

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Having considered the submissions made by the learned counsel

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for the petitioner, this original petition is disposed of by directing the Family Court, Kollam to pass appropriate orders on I.A.No.3 of 2023 in O.P.(G&W)No.71 of 2022, as expeditiously as possible, at any rate, on or before 24.02.2023 . In case the petitioner files any interlocutory application for production of the minor child for the purpose of visitation right, the Family Court shall also consider that interlocutory

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application, with notice to the respondent-wife.

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Sd/ANIL K. NARENDRAN JUDGE

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Sd/P.G. AJITHKUMAR JUDGE

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O.P.(FC)No.84 of 2023

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APPENDIX

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PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE O.P (G&W) NO.71/2022
PENDING BEFORE THE FAMILY COURT, KOLLAM
Exhibit P2 THE TRUE COPY OF THE ADVANCE PETITION, I.A
NO.3/2023 IN O.P(G&W) NO. 71/2022
Exhibit P3 A TRUE COPY OF THE FLIGHT TICKET DATED
28.02.2023
Exhibit P4 A TRUE COPY OF THE E-COURT STATUS DATED
14.02.2023

Raheez Nizar v. Fathima Iqbal

Case brief

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Raheez Nizar v. Fathima Iqbal

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