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2021 Supreme(Online)(KER) 50520
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942 OP (FC).No.230 OF 2020 AGAINST THE ORDER/JUDGMENT IN GOP 636/2020 DATED 03-07-2020 OF
FAMILY COURT,THRISSUR PETITIONER/S: 1 MUHAMMED BASHEER, AGED 58 YEARS, S/O.ABOOBACKER, NOOLPADATH HOUSE, NATTIKA BEACH P.O., NATTIKA VILLAGE, CHAVAKKAD BEACH, THRISSUR DISTRICT-680 560. 2 SEFIYA, AGED 39 YEARS, W/O.MUHAMMED BASHEER, NOOLPADATH HOUSE, NATTIKA BEACH P.O., NATTIKA VILLAGE, CHAVAKKAD BEACH, THRISSUR DISTRICT-680 560. BY ADV. SRI.SHIBU JOSEPH RESPONDENT/S: SHIJADH, AGED 34 YEARS, S/O.VEERAVU, CHAKKACHANPARAMBIL HOUSE, PERINJANAM P.O., PERINJANAM BEACH DESAM, KODUNGALLUR TALUK, THRISSUR DISTRICT-680 686.
R1 BY ADV. SRI.V.M.KRISHNAKUMAR THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 19 th day of February, 2021 A.Muhamed Mustaque, J. This original petition is filed by the maternal grant parents of the child, namely Muhammed Amar. The respondent is the father of the child. Mother of the child is no more. The court below by an interim order granted interim custody in favour of the father.
It is challenging this order this original petition was filed.
We interacted with the parties. Accordingly, parties arrived at a settlement amicably. A compromise petition has been entered into between parties. Compromise also placed before us. As per the compromise, father will have custody of the child subject to the right maternal grandparents have the custody on every Saturday from 4 p.m till ensuing Monday till 10 a.m. As per the settlement, the father agreed to hand over the child on every Saturday at 4 p.m at the residence of the petitioners. Petitioners also agreed to hand over the custody of the child at every Monday at 10 a.m at the residence of the father. Compromise agreement entered into between the parties will form part of the judgment.
The original petition is disposed of. In the light of disposal we direct the Family Court, Thrissur to dispose of the pending matters
(GOP.No.84/2020 & GOP.No.636/2020) are closed.
Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- C.S.DIAS JUDGE
APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE PHOTOCOPY OF THE FIR IN CRIME
NO.621/2019 DATED 18/09/2019 OF KAIPAMANGALAM POLICE STATION.
EXHIBIT P2 TRUE PHOTOCOPY OF THE POST MORTEM REPORT DATED 19/09/2019 BEARING NUMBER PM NO.1112/2019.
EXHIBIT P3 TRUE PHOTOCOPY OF THE COMPLAINT DATED 20/12/2019 MADE TO THE CHIEF MINISTER.
EXHIBIT P4 TRUE PHOTOCOPY OF THE ORIGINAL PETITION, GOP NO.84/2020 ALONG WITH IA
NO.2/2020 DATED 16/01/2020.
EXHIBIT P5 TRUE PHOTOCOPY OF THE ORIGINAL PETITION, OP NO.245/2020 DATED 5/2/20 OF FAMILY COURT, THRISSUR.
EXHIBIT P6 TRUE PHOTOCOPY OF THE GOP NO.636/2020
ALONG WITH IA.NO.2/2020 FILED ON
22/5/2020 OF FAMILY COURT, THRISSUR.
EXHIBIT P6(A) TRUE PHOTOCOPY OF THE OBJECTION DATED
26/6/20 IN IA.NO.2/2020 IN GOP
NO.636/2020 OF FAMILY COURT, THRISSUR.
EXHIBIT P7 TRUE PHOTOCOPY OF THE COMMON ORDER DATED 3/7/2020 IN IA. NO.2/2020 IN GOP
NO.84/2020 AND IA NO.2/2020 IN GOP
NO.636/2020 OF FAMILY COURT, THRISSUR.
