Dr.Fathima v. Ashraf Cheerangan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 5TH DAY OF MAY 2015/15TH VAISAKHA, 1937 OP (FC).No. 111 of 2015 (R) --------------------------------------- O.P(G&W)NO. 716/2014 OF FAMILY COURT, TIRUR -------------- PETITIONER(S) :
------------------------- DR.FATHIMA, D/O.KOYAMU, MANGATTIL HOUSE, SWAGATHAMADU, CHERUSSOLA, TIRUR TALUK, MALAPPURAM DISTRICT, PIN- 676 510.
BY SRI.K.GOPALAKRISHNA KURUP (SENIOR ADVOCATE) ADVS.SRI.P.M.RAFIQ RESPONDENT(S) :
---------------------------- ASHRAF CHEERANGAN, S/O.KUNJALAN, CHEERANGAN HOUSE, VILLUR AMSOM, INDIYANUR DESOM, KOTTAKKAL P.O, MALAPPURAM DISTRICT, PIN- 676 503.
BY SRI.RAJU JOSEPH (SENIOR ADVOCATE ) ADVS. SRI.M.S.MOHAMMED ANSARY SRI.K.C.ANTONY MATHEW SRI.JITHIN LUKOSE SRI.P.SAMSUDIN THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 05-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
OP (FC).No. 111 of 2015 (R) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:
TRUE COPY OF THE ORIGINAL PETITION IN O.P(G&W) NO.716/2014 OF THE FAMILY COURT, TIRUR.
EXHIBIT P2:
TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT IN O.P(G& W) NO.716/2014 OF THE FAMILY COURT, TIRUR. EXHIBIT P3:
TRUE COPY OF THE INTERIM APPLICATION IN I.A.NO.503/2015 IN O.P(G&W) NO.716/2014 OF THE FAMILY COURT, TIRUR. EXHIBIT P4:
TRUE COPY OF THE ORDER IN INTERIM APPLICATION IN I.A.NO.503/2015 IN O.P(G&W) NO.716/2014 OF THE FAMILY COURT, TIRUR, DATED 11-03-2015.
RESPONDENT(S)' EXHIBITS ----------------------------------------- EXHIBIT R1(A):
A TRUE COPY OF THE FIR IN CRIME NO.246/2015 OF KOTTAKKAL POLICE STATION.
EXHIBIT R1(B):
A TRUE COPY OF THE SUMMONS ISSUED BY THE JFCM COURT, MANJERI IN CR.NO.246/2015.
EXHIBIT R1(C):
TRUE COPY OF THE FIR IN CRIME NO.988/2014 OF KOTTAKKAL POLICE STATION.
EXHIBIT R1(D):
TRUE COPY OF THE ATTENDANCE REGISTER OF AL IHSAN HIGHER SECONDARY SCHOOL KOTTAKKAL IN RESPECT OF MINOR CHILD SADDAM HUSSAIN.
EXHIBIT R1(E):
TRUE COPY OF THE ATTENDANCE REGISTER OF AL IHSAN HIGHER SECONDARY SCHOOL KOTTAKKAL IN RESPECT OF THE MINOR CHILD THAMANNA.
//TRUE COPY// P.A.TO JUDGE.
Msd.
A.M.SHAFFIQUE & K.ABRAHAM MATHEW, JJ.
========================= O.P.(F.C) No.111 of 2015 ============================ Dated this the 5th day of May, 2015
JUDGMENT
Shaffique, J The Original Petition is filed seeking for a direction to produce minor children of the petitioner before this Court and for handing over custody of the minor children to the petitioner pending disposal of O.P(G&W) No.716 of 2014 before the Family Court, Tirur.
2. During the pendency of the above original petition, attempt has been made for mediation, which did not succeed. The petitioner had, in fact, challenged Ext.P4 order by which the learned Family Court directed the petitioner to approach the Hon'ble High Court for transferring the said case.
3. It is now submitted that, on administrative side, the O.P(G&W) No.716 of 2014 and all records with all other connected cases had already been made over to Family Court,
O.P.(F.C) No.111 of 2015 Malappuram and therefore, the petitioner as well as the respondents have submitted that they are ready and willing to approach the said Court for final disposal of all the cases.
4. Having regard to the above factual situation, it shall be open for the petitioner as well as the respondents to approach the Family Court, Malappuram for disposal of the Original Petitions pending before that court and to submit necessary interim applications as advised, which shall be considered by the said Court in accordance with the procedure prescribed.
Original Petition is closed.
Sd/- A.M.SHAFFIQUE , JUDGE Sd/- K.ABRAHAM MATHEW, JUDGE vdv