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2019 Supreme(Ker) 262

K.HARILAL, T.V.ANILKUMAR
Suhara – Appellant
Versus
Muhammed Jaleel – Respondent


Advocates Appeared:
For the Petitioners: Advs. Sri. Jacob Sebastian, Sri. K.V. Winston.
For the Respondents: Adv. Sri. G. Sreekumar (Chelur).

JUDGMENT :

T.V. ANILKUMAR, J.

1. Common judgment in O.P.608 and 628 of 2015 passed by the Family Court, Ottapalam on 7.2.2019 is challenged by the petitioner in O.P.608/2015 in Mat. Appeal 182/2019 and by the respondents in O.P.628/2015 in Mat. Appeal 198/2019. The common respondent in both Mat. Appeals is the father of the girl child, Fathimathul Jasla, who was aged only 2 years on the date of institution of original petitions before the court below.

2. The grand mother of the child filed O.P.No.608/2015 for a decree of perpetual prohibitory injunction restraining the respondent herein from taking forcible custody of the child from her. The respondent severely opposed the petition and simultaneously filed O.P.628/2015 for a decree claiming permanent custody of the child as against the appellants in Mat. Appeal No.198/2019 who are the grand parents of the child and also one of their sons. The Family Court while dismissing O.P.608/2015 for perpetual injunction chose to decree O.P.628/2015 entrusting the child to the permanent custody of respondent/father subject to the appellants' limited right of visitation of the child once in a month at the premises of Family Court, Ottapalam. Being





































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