Sawad vs Sajna Beegum - 2023 Supreme(Ker) 183

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Ker) 183

ANIL K. NARENDRAN, P. G. AJITHKUMAR
Sawad – Appellant
Versus
Sajna Beegum – Respondent

Advocates Appeared:
For the Petitioner: P.V. Sobhana, K.Y. Sudheendran.
For the Respondent: Naushad S., M. Thaha, Sri S. Rajmohan- SR Government Pleader.

JUDGMENT :

Anil K. Narendran, J.

The petitioner, who is the respondent in O.P.No.1190 of 2019 on the file of the Family Court, Mavelikkara, has filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the Family Court, Mavelikkara to dispose of I.A.No.2 of 2022, as early as possible, to enable him to have interim custody of the minor child by name, ‘Salmanul Farisi’, aged 11 years and to have interim custody of the child during Christmas Holidays. The petitioner has also sought for an order directing the Family Court to hear I.A.Nos.501 and 502 of 2022 (R.P.No.12 of 2022) in OP(G&W) No.1190 of 2019, within a time frame to be fixed by this Court. OP(G&W) No.1190 of 2019 is one filed by the respondent herein-mother, seeking permanent custody of the minor child. In the said original petition, the Family Court passed Ext.P2 order dated 12.07.2021, whereby, she was permitted to continue with the custody of the minor child until further orders. Ext.P2 order is an ex-parte order. To set aside that order dated 12.07.2021 in OP(G&W) No.1190 of 2019, the petitioner filed I.A.No.501 of 2022. The