Shameer Kannamthodi v. E.Shabana Thasni

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 OP (FC).No. 193 of 2015 (R) ---------------------------- (IA.NO.549/2015 IN OP.NO. 1022/2011 OF FAMILY COURT, MALAPPURAM) -------------- PETITIONER :

---------------------- SHAMEER KANNAMTHODI, AGED 37 YEARS, S/O.KADER HAJI, KANNAMTHODI HOUSE, PATHIAKKARA, PERINTHELMANNA, MALAPPURAM DISTRICT.

BY ADVS.SRI.P.M.HABEEB SRI.T.M.BINOY RESPONDENT(S):

----------------------------

1. E.SHABANA THASNI, AGED 32 YEARS, D/O. EDAPATTA ABDULSALAM, EDAPATTA VEEDU, VANIYAMBALA P.O, NILAMBUR TALUK, MALAPPURAM DISTRICT,PIN- 679 339.

2. K. JASMINE,AGED 51 YEARS,W/O.ABDUL SALAM, EDAPATTA ABDULSALAM, EDAPATTA VEEDU, VANIYAMBALA P.O, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN- 679 339.

R1 & R2 BY ADVS. SRI.HUSSAIN KOYA VALIYAVEEDAKATH SRI.K.ANAND SRI.M.R.NANDAKUMAR SRI.K.V.RAJENDRAN (WANDOOR) THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 12-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

OP (FC).No. 193 of 2015 (R) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - THE CERTIFIED COPY OF THE ORDER PASSED BY THE FAMILY COURT IN IA NO.549/2015 IN OP NO.1022/2011.

EXT.P2 - THE CERTIFIED COPY OF THE ORDER DATED 04.05.2015 IN IA NO.497 OF 2015 IN OP NO.1022/2011 EXT.P3 - THE PHOTOCOPY OF THE PETITION IN IA NO.549/2015 IN OP NO.1022/2011.

RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

C.K. ABDUL REHIM, J.

& P.B. SURESH KUMAR, J.

------------------------------------------------- OP (FC) No. 193 OF 2015 ------------------------------------------------- DATED THIS THE 12th DAY OF MAY, 2015

J U D G M E N T

P.B. Suresh Kumar, J:

The petitioner instituted OP No.1022/2011 before the Family Court, Malappuram, for the custody of his minor daughter Henna. Along with the said original petition, the petitioner filed an interlocutory application for temporary custody of the ward and the Family Court permitted the petitioner to have the temporary custody of the ward on condition that he shall return the ward on 23-04-2015. It is not disputed that the period of temporary custody was later extended till 04-05-2015. The petitioner has not returned the ward on the expiry of the period. Consequently, as per Ext.P2 order, the Family Court deputed one lady Amin of the court for securing custody of the ward with the aid of a woman police constable. The petitioner challenges Ext.P2 order in this Original Petition.

2.

Today, when this matter was taken up for hearing, the learned counsel for the petitioner submitted that the

OP (FC) No.193/2015 -2custody of the ward has already been handed over to the first respondent. The learned counsel for the first respondent confirmed that the custody of the ward is obtained by the the first respondent.

3. In the light of the submissions made by the learned counsel on either side, there is no reason to continue Ext.P2 order. Accordingly, Ext.P2 order is set aside. The original petition is disposed of as above. Sd/- C.K. ABDUL REHIM, JUDGE.

Sd/- P.B. SURESH KUMAR, JUDGE.

AMG True copy P.A. to Judge