NOUSHAD FLOURISH Vs. AKILA NOUSHAD

JUDGEMENT

(1.) This is a petition filed by the petitioner in O.P.No.389 of 2019 on the files of the Family Court, Thalassery. He filed I.A.Nos.21,22 and 23 of 2022 in that O.P. As per order dtd. 14/6/2022, the Family Court allowed I.A.Nos 21 and 22 of 2022, but dismissed I.A.No.23 of 2022. The petitioner filed this original petition under Article 227 of the Constitution of India seeking to set aside the order dismissing I.A.No.23 of 2022 in O.P.No.389 of 2019.

(2.) Today when this matter has come up for admission, we heard the learned counsel appearing for the petitioner in detail.

(3.) Ext.P2 is a copy of the petition in O.P.No.389 of 2019. It was filed under Sec. 7 and 25 of the Guardian and Wards Act, 1890. The petitioner seeks permanent custody of the minor child born in the wedlock of the petitioner and the respondent. The child is aged 11 years now. I.A.No.23 of 2022 was filed to recall PW1 who is the petitioner to give further evidence. The affidavit filed in support of I.A.No.23 of 2022 would show that the reason for which PW1 wants to give further evidence is to depose about immoral character of the respondent - mother.