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2012 Supreme(Online)(KER) 49666

HIGH COURT OF KERALA
K.T.SANKARAN, M.L.JOSEPH FRANCIS, JJ
JASHIM – Appellant
Versus
THANOOJA    Advocate - S NIRMAL KUMAR ,S NIRMAL KUMAR – Respondent


J U D G M E N T

Joseph Francis, J.

The above Original Petition (Family Court) is filed under Article 227 of the Constitution of India with the following prayer :

Issue appropriate order or direction quashing Exts.P12 and P13 orders passed by the Family Court, Thrissur in I.A.No.2339 of

2012 and I.A.No.2117 of 2012 in G.O.P. No.889 of 2009.

2. The facts of the case are briefly as follows : The Nikah between the petitioner and the respondent herein was solemnized on 18.8.2006 in Dubai and the marriage ceremony was held on 3.12.2006 at Poovathoor in Thrissur District. In the wedlock, a son, viz., Ashfaq was born on 6.2.2008. Even before giving birth to the child, both the petitioner and the respondent came down to Kerala. After the child was born, the petitioner again went back to Abu Dhabi and the respondent followed him. Their relationship became strained and the petitioner returned to Kerala. The respondent also came back with the child in the first week of March, 2009. Thereafter, the petitioner and the respondent were living separately. The petitioner filed OP(FC). 2161/12 2 G.O.P.No.889 of 2009 before the Family Court, Thrissur for the custody of the child. During the pendency of the

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