LAWS(KER)-2019-12-230

FATHIMABI M. Vs. MUHAMMED ASHRAF

Decided On December 12, 2019
Fathimabi M. Appellant
V/S
MUHAMMED ASHRAF Respondents

JUDGEMENT

(1.) The above original petitions are filed under Article 227 of the Constitution of India,challenging Ext.P15 order passed in I.A 60/2019 and Ext.P13 order passed in I.A No.1068/2019 in O.P.1141/2017 of the Family Court, Kozhikode.

(2.) The petitioner is the respondent in O.P. No.1141/2017. The original petition is filed by the respondent seeking permanent custody of their youngest son "Azadul Hind Fateh Ali Tippu".

(3.) It is the case of the petitioner in both the original petitions, that she is the divorced wife of the respondent. They have three children in their wedlock. The respondent used to brutally harass and torture her. On 22.9.2014, the respondent drew her out of the matrimonial home. At that time she could only take the youngest child with her, as the older children were at school. Since the respondent denied custody of the older children to her, she filed O.P. No.716/2014 before the Family Court, seeking the permanent custody of the older children. By the order of this Court, the case was transferred from the Family Court Tirur to the Family Court, Malappuram.