Kerala High Court
Mohammed Shafeque vs Sulekha on 14 February, 2012
Author: K.T.Sankaran
Bench: K.T.Sankaran, M.L.Joseph Francis
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN
&
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
MONDAY, THE 28TH DAY OF MAY 2012/7TH JYAISHTA 1934
OP (FC).No. 585 of 2012 (R)
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PETITIONER(S):
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MOHAMMED SHAFEQUE, AGED 31 YEARS
S/O.LATE ABDULLA, PERIKKANGAL HOUSE, CHERUKAVU AMSOM
KURIYEDOM, IKKARAPADY P.O., ERNADU TALUK
MALAPPURAM DISTRICT.
BY ADV. SRI.SIRAJ KAROLY
RESPONDENT(S):
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SULEKHA, AGED 44 YEARS
W/O.K.M.SAGEER, KODAKARAPARAMBIL HOUSE
P.O.PUTHENCHIRA, MALA VIA
THRISSUR DISTRICT-680 114.
BY ADV. SRI.R.MURALEEKRISHNAN
BY ADV. SRI.P.M.MUJEEB REHIMAN
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 28-05-
2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC) 585 OF 2012
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1. TRUE COPY OF THE PETITION FILED BEFORE THE FAMILY COURT,
MALAPPURAM DATED 14/2/2012.
EXHIBIT P2. TRUE COPY OF THE APPLICATION FOR INTERIM CUSTODY FILED
BY THE PETITIONER DATED 14/2/2012.
EXHIBIT P3. TRUE COPY OF THE PETITION SEEKING A DIRECTION TO THE
HEADMISTRESS OF THE SCHOOL FILED BY THE PETITIONER.
EXHIBIT P4. TRUE COPY OF THE UNNUMBERED INTERLOCUTORY APPLICATION
DATED 14/2/2012.
EXHIBIT P5. TRUE COPY OF THE ORDER HAND WRITTEN COPY OF THE
ENDOROSEMENT DATED 15/2/2012.
RESPONDENTS' EXHIBITS
EXT.R1 : TRUE COPY OF THE MARRIAGE CERTIFICATE OF THE RESPONDENT.
EXT.R2 : TRUE COPY OF THE COMPLAINT DT. 20.2.2012 SUBMITTED BY THE
RESPONDENT.
EXT.R3 : TRUE COPY OF THE RATION CARD OF THE RESPONDENT.
(TRUE COPY)
K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.
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O.P.(FC) No.585 of 2012
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Dated 28th May, 2012.
J U D G M E N T
K.T.Sankaran, J.
The petitioner is the brother of Asifa, minor, aged 13 years. Their father Abdulla died. Abdulla had filed O.P.No.293/10, before the Family Court, Malappuram, for the custody of his child, Asifa. Abdulla died on 1.5.2010 and thereupon, O.P.No.293/10 was dismissed by the Family Court. Thereafter, the petitioner filed an Original Petition before the Family Court, for the custody of Asifa. The Family Court returned the Original Petition, with the following endorsement :
"Since this court has no jurisdiction return the file". The order returning the Original Petition is under challenge in this Original Petition (Family Court).
2. The Family Court did not state any reason for holding that it has no jurisdiction. From the order passed by the Family Court, it is not clear on what ground, the Family Court held that it lacks jurisdiction. The order passed by the Family Court is not a speaking order, nor a reasoned order.
3. Accordingly, the order passed by the Family Court O.P.(FC) 585/12 2 is set aside. The Family Court shall consider the matter afresh, on the petitioner re-presenting the Original Petition before that court. The Family Court shall pass a reasoned order.
The Original Petition (Family Court) is allowed as above.
Sd/-
K.T.SANKARAN, JUDGE.
Sd/-
M.L.JOSEPH FRANCIS, JUDGE.
tgs (true copy)