Ima Kondeth Basheer v. Sri.Shakkeer Pallath

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937HH Con.Case(C).No. 1064 of 2015 (S) IN Mat.Appeal.381/2014 --------------------------------------------------------- AGAINST THE JUDGMENT IN Mat.Appeal 381/2014 DATED 26.8.2014 --------------- PETITIONER(S)/PETITIONER IN MAT.APPEAL :- ------------------------------------------- IMA KONDETH BASHEER, AGED 26 YEARS D/O.BASHEER KONDETH, KONDETH HOUSE, THIRURKKAD PERINTHALMANNA, MALAPPURAM.

BY ADV. SRI.SAJU.S.A RESPONDENT(S)/RESPONDENT IN MAT.APPEAL :- ------------------------------------------- SHAKKER PALLATH, AGED 30 YEARS S/O.MOIDEEN PALLATH, PALLATH HOUSE, PALLAM CHERUTHURUTHY, THRISSUR DISTRICT - 680 001.

BY ADV. SRI.S.SAJU BY ADV. SRI.P.M.SHAMEER THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 11-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

----------------------------------------- Cont. Case (C) No.1064 of 2015 --------------------------------------------- Dated this the 11th day of September 2015

J U D G M E N T

Shaffique, J.

This contempt case has been filed by the appellant in Mat.Appeal No.381 of 2014 alleging non-compliance of the directions issued by this court as per judgment dated 26.8.2014. 2.

The parties have appeared before this Court.

3.

It is submitted on behalf of the respondent that the respondent has no objection in complying with the directions issued by this Court. The child could not be handed over to the mother since, she has not produced any permanent address as per the tenancy agreement as contemplated under the laws of the country, UAE.

4.

On the other hand, it is submitted on behalf of the complainant that the respondent has not taken any steps to comply with the directions issued by this Court. 5.

Having heard the learned counsel on either side and the parties, who had appeared in person, we are of the view that the parties have to comply with the directions issued, unless the directions are modified by the Court.

Cont. Case (C) No.1064 of 2015 -: 2 :- 6.

Learned counsel for the petitioner has produced the present address and phone number of the petitioner, which are as under :- "IMA KONDETH BASHEER, ABU DHABI, MADINAT ZAYED, KFC BUILDING, AIRPORT ROAD, 6TH FLOOR, 603, ABU DHABI.

PHONE No.:0563447143"

It is also stated that the petitioner has re-married and is residing with her present husband, Sri.Faris Puthoor.

7.

Learned counsel for the respondent submits that the respondent is ready to hand over the child to the mother as per the directions issued by this Court, until further orders are passed by this Court.

Since the parties have agreed to comply with the directions in future, we close the contempt case. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt