Kerala High Court
Mohammed Aslam vs Fathimathul Nabila Noushad on 13 August, 2021
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
Friday, the 13th day of August 2021 / 22nd Sravana, 1943
TR.P(C) NO. 261 OF 2020
OP 231/2020 OF FAMILY COURT, THALASSERY.
PETITIONER:
MOHAMMED ASLAM, AGED 31 YEARS, S/O. MOHAMMED FAZAL,
KULANGARA VEETTIL HOUSE, KOCHANGADI, ERNAKULAM-682005, REPRESENTED
BY POWER OF ATTORNEY HOLDER, NAJILA, AGED 51 YEARS, W/O. MOHAMMED
FAZAL, KULANGARA VEETTIL HOUSE, KOCHANGADI, ERNAKULAM-682005.
BY ADVS.M/S.C.S.ABDUL SAMMAD,V.D.BALAKRISHNA KARTHA & SADHANA KUMARI
RESPONDENTS:
1. FATHIMATHUL NABILA NOUSHAD, AGED 24 YEARS, W/O. MOHAMMED ASLAM,
SABOOK, NEAR SAIDAR PALLY, THALASSERY, KANNUR-670102 (AS PER
ANNEXURE A1 PETITION), ORIGINALLY RESIDING AT 11-A, DD WEST WIND,
LISIE HOSPITAL ROAD, KALOOR, ERNAKULAM-682017.
2. MOHAMMED ZIDANE, AGED 1 1/2 YEARS, S/O. MOHAMMED ASLAM, REPRESENTED
BY MOTHER AND NEXT FRIEND, FATHIMATHUL NABILA NOUSHAD, SABOOK, NEAR
SAIDAR PALLY, THALASSERY, KANNUR-670102, (AS PER ANNEXURE A1
PETITION) ORIGINALLY RESIDING AT 11-A, DD WEST WIND, LISIE HOSPITAL
ROAD, KALOOR, ERNAKULAM-682017
BY ADVS.M/S.SUNIL V.MOHAMMED & AADIL SHAH A.S.
This Transfer petition (civil) having come up for orders on
13.08.2021, upon perusing the petition and this Court's order dated
19.7.2021, the court on the same day passed the following:
V.G.ARUN, J.
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Tr.P.(C) Nos.261, 306 and 308 of 2020
& Tr.P.(Crl.) 29 of 2020
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Dated this the 13th day of August, 2021
ORDER
Sri.Sunil V. Mohammed, learned Counsel appearing for the wife fairly submits that the wife is willing to permit the paternal grandparents to interact with the child from 11.00 a.m to 4.00 p.m on either the 17th or 18th of this month. It is also submitted that the child being of tender age, it has to be assured that the grandparents are Covid negative by taking an RTPCR or antigen test of 72 hours prior to the date of interaction. The further submission is that the interaction with the child should be at Thalassery, near to the tharavadu house of the wife.
2. Sri.C.S.Abdul Sammad, learned Counsel for the husband submits that the grandparents are willing to undergo any test, if permitted to Tr.P.(C) Nos.261, 306 and 308 of 2020 & Tr.P.(Crl.) 29 of 2020 -2- visit their grandchild. It is submitted that the grandparents may be permitted to be with the child from 11.00 a.m to 4.00 p.m on 18.08.2021 at any place near to the wife's residence, as suggested by her.
3. Sri.Sunil V.Mohammed, learned Counsel undertakes to share the proposed location at which the grandparents can interact with the child.
Based on the above submissions, the paternal grandparents of the child (Mohammed Zidane) is permitted to visit the child at Talassery and to be with the child from 11.00 a.m to 4.00 p.m on 18.08.2021. The Counsel on either side shall give strict instructions to their clients to ensure that absolutely no issues take place during the handing over of the child and that the interaction takes place in a peaceful atmosphere.
Sd/-
V.G.ARUN JUDGE Scl/13.08.2021 13-08-2021 /True Copy/ Assistant Registrar