IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN &

THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA THURSDAY, THE 1^ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946 MAT.APPEAL NO. 655 OF 2024 AGAINST THE ORDER IN I.A.5/2024 IN OP NO.2872 OF 2021 OF FAMILY COURT,ERNAKULAM APPELLANT/PETITIONER:

SHANOOB M. S., AGED 33 YEARS S/O LATE M.M. SHERIFF, CC NO. 12/1459E, PANAYAPPILLY, THOPPUMPADY P.O, MATTANCHERRY, PRESENTLY RESIDING AT FLAT NO. 321, AL-ARTI PLAZA, AL KARAMA, DUBAI, UAE, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MR. MOHAMED ASHIK M.M, AGED 58 YEARS, S/O MAKKAR, CC NO.13/256, KOCHANGADI, KOCHI., PIN – 682002 BY ADVS.

ASHIK K.MOHAMED ALI RUKSANA K. ZUBAIR MUHAMMED RIFA P.M. EHLAS HALEEMA C.K.

SALMAN FARIS GAYATHRI ASHISH NAIR RESPONDENT/RESPONDENT:

SHAMNA SALAM, AGED 30 YEARS, D/O K.K. ABDUL SALAM, RESIDING AT KARUMAKKADU VEETTIL, PALLIKKARA, KUNNUMPURAM P.O, ERNAKULAM., PIN – 683565 BY ADVS.

T.M.RAMAN KARTHA MANJULA NAIR(M-455)

REVATHY M.A.(K/001160/2022)

GREESHMA T.G.(K/002281/2022)

THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Devan Ramachandran, J.

The petitioner calls into question the correctness of the order of the learned Family Court, Ernakulam, dated 17.07.2024, through which, he has been asked to produce his children before it, in obedience to an earlier decree between the parties.

2. Sri.Ashik K. Mohamed Ali – learned counsel for the appellant, submitted that his client did not violate the decree deliberately, but was incapacitated from handing over interim custody of the children to the respondent during the summer vacation because his mother, in the meanwhile, was diagnosed with dengue and required medical attention, which he alone could offer.

3. After saying as afore, Sri.Ashik K. Mohamed Ali submitted that his client is arriving India at 8.15 P.M. tomorrow (02.08.2024) and will handover the children to the respondent- mother at 9 A.M. at her residence on 03.08.2024. He added that the respondent can have custody of the children till 15.09.2024, so as to honour the entire time frame, originally ordered in the decree.

4. Sri.Raman Kartha – learned counsel for the respondent, acceded to the afore suggestion.

Taking note of the consent between the parties as afore, as also the undertaking of Sri.Ashik K. Mohamed Ali made on behalf of his client, we allow this Appeal and set aside the impugned order.

We leave liberty to the petitioner to produce a certified copy of this judgment before the learned Family Court, who will thereupon enter the details in its Register with respect to the custody of the children, as is statutorily required.

Sd/-

DEVAN RAMACHANDRAN JUDGE Sd/-

M.B. SNEHALATHA JUDGE RR