LAWS(KER)-2019-4-9

SUHARA Vs. MUHAMMED JALEEL

Decided On April 10, 2019
SUHARA Appellant
V/S
Muhammed Jaleel Respondents

JUDGEMENT

(1.) Common judgment in O.P.608 and 628 of 2015 passed by the Family Court, Ottapalam on 7.2.2019 is challenged by the petitioner in O.P.608/2015 in Mat.Appeal 182/2019 and by the respondents in O.P.628/2015 in Mat.Appeal 198/2019. The common respondent in both Mat.Appeals is the father of the girl child, Fathimathul Jasla, who was aged only 2 years on the date of institution of original petitions before the court below.

(2.) The grand mother of the child filed O.P.No.608/2015 for a decree of perpetual prohibitory injunction restraining the respondent herein from taking forcible custody of the child from her. The respondent severely opposed the petition and simultaneously filed O.P.628/2015 for a decree claiming permanent custody of the child as against the appellants in Mat.Appeal No.198/2019 who are the grand parents of the child and also one of their sons. The Family Court while dismissing O.P.608/2015 for perpetual injunction chose to decree O.P.628/2015 entrusting the child to the permanent custody of respondent/father subject to the appellants' limited right of visitation of the child once in a month at the premises of Family Court, Ottapalam. Being aggrieved by the common judgment, these two separate appeals were filed.

(3.) Both O.Ps were jointly tried by the court below taking up O.P.No.608/2015 filed by the appellant, grand mother as the main case. The reference in this appeal to the parties, unless the context otherwise indicates, will be as per their rank in Mat.Appeal No.182/2019.