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2025 DAILYLAW 3247 (KER)

FAHAD v. SAJNA

OP (FC)/42/2025 · 2025-03-27

Devan Ramachandran, M B Snehalatha

body2025

Judgment text

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2025:KER:26296 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 OP (FC) NO. 42 OF 2025 AGAINST THE ORDER DATED 04.10.2024 IN I.A.5 OF 2024 IN GOP NO.650 OF 2024 OF FAMILY COURT,THRISSUR PETITIONERS/PETITIONERS/PETITIONERS IN O.P.: 1 FAHAD AGED 35 YEARS S/O MOHAMMED SAGEER, PUTHUKKULATH HOUSE, EDAVILANGU VILLAGE & DESOM, KARA P.O., KODUNGALLUR TALUK, THRISSUR, PIN - 680671 2 MUHAMMED SAGEER AGED 66 YEARS S/O KUNJI KOCHU, PUTHUKKULATH HOUSE, EDAVILANGU VILLAGE & DESOM, KARA P.O., KODUNGALLUR TALUK, THRISSUR, PIN - 680671 3 FATHIMA BEEVI AGED 60 YEARS W/O MUHAMMED SAGEER, PUTHUKKULATH HOUSE, EDAVILANGU VILLAGE & DESOM, KARA P.O., KODUNGALLUR TALUK, THRISSUR-, PIN - 680671 BY ADVS. C.K.PAVITHRAN NEENU PAVITHRAN MEGHA SAJEEVAN 2025:KER:26296 OP (FC) No.42 of 2025 : 2: RESPONDENT/RESPONDENT/RESPONDENT IN O.P: SAJNA AGED 28 YEARS D/O.SAKARIYA, VALAPARAMBIL HOUSE, THANNIYAM VILLAGE & DESOM, PERINGOTTUKARA P.O, THRISSUR TALUK, THRISSUR, PIN - 680565 BY ADVS. T N MANOJ AADITHYE MANOJ MENON THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26296 OP (FC) No.42 of 2025 : 3: DEVAN RAMACHANDRAN & M.B. SNEHALATHA, JJ. =========================== OP (FC) No. 42 of 2025 ============================ Dated this the 27th day of March, 2025 JUDGMENT Devan Ramachandran, J. Even though there are various assertions, allegations and imputations made in the original petition, when it was called today, the learned counsel for the petitioners, Smt.Neenu Pavithran, confined her plea that the child be allowed to be collected by her clients, as per Ext.P8 order of the Family Court, Thrissur from a neutral place. 2. Sri.T.N.Manoj, learned counsel appearing for the respondent, in response, submitted that his client and the child are going on a short holiday to Kuwait on 30th of March 2025, to return on the 30th of May, 2025. He added that, after such date, his client will abide by Ext.P8; and is agreeable that the child can be picked up by the father or grand parents from the front of her residential building, provided they behave well and do not cause any ruckus or scene at such times. 3. Smt.Neenu Pavithran, learned counsel for the petitioners agreed to the aforesaid proposal. 2025:KER:26296 OP (FC) No.42 of 2025 : 4: 4. In view of the above facts, we dispose of this original petition with the consent of both sides and consequently order that, after 30th of May, 2025, the father will be at liberty to take the child as per Ext.P8 order of the learned Family Court, Thrissur from the front of the residential house of the mother. In all other respects, Ext.P8 will stand confirmed. Sd/- DEVAN RAMACHANDRAN, JUDGE Sd/- M. B. SNEHALATHA, JUDGE nk 2025:KER:26296 OP (FC) No.42 of 2025 : 5: APPENDIX OF OP (FC) 42/2025 PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF GOP 650/2024 DATED 16.04.2024 ON THE FILES OF FAMILY COURT, THRISSUR Exhibit -P2 TRUE COPY OF IA 2/2024 IN GOP 650/2024 DATED 16-04-2024 Exhibit -P3 TRUE COPY OF OBJECTION DATED 09.05.2024 TO IA 2/2024 Exhibit -P4 TRUE COPY OF ORDER DATED 15.05.24 IN IA 2/2024 IN GOP 650/2024 OF THE HON’BLE FAMILY COURT, THRISSUR Exhibit -P5 TRUE COPY OF ORDER IN IA 2/2024 IN GOP 650/ 2024 DATED 24.07.2024 Exhibit -P6 TRUE COPY OF IA 5/2024 IN GOP 650/2024 DATED 12-09-2024 Exhibit -P7 TRUE COPY OF OBJECTION IN IA 5/2024 IN GOP NO. 650/2024 DATED 25.09.2024 Exhibit -P8 TRUE COPY OF ORDER DATED 04.10-.24 IN IA 5/2024 AND IA 6/2024 IN GOP 650/2024