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Hamna vs Shiraj

High Court Of Kerala|02 May, 2014
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JUDGMENT / ORDER

MUHAMED MUSTAQUE, J.
Petitioner in this original petition is the respondent in G.O.P.No.653/2014 on the file of the Family Court, Ernakulam.
2. This original petition is filed directing the Family Court to dispose of Ext.P7, an application filed by the petitioner to have a chamber counsel of the minor child to ascertain whether the minor's accessibility to the respondent is justifiable or warrants interference, considering the welfare of the minor. This Court, as per order dated 29/04/2014, ascertained the status of the application filed by the petitioner as per Ext.P7 which, in fact, is filed subsequent to Ext.P2 application filed by the respondent for interim custody of the minor child, before the Family Court. We have received a report from the Family Court, dated 30/04/2014 in which it is stated that there was an order granting interim custody and access to the father, who is respondent herein. However, the petitioner herein did not O.P.(FC).No.221/2014 -:2:-
comply with the order and the I.A filed by the petitioner No.1581/2014 is posted to 13/5/2014.
3. We, in the above circumstances, are reluctant to interfere with the proceedings pending before the Family Court. The learned counsel for the petitioner, however, submits that the petitioner undertakes to produce the child before the Family Court on 14/05/2014. We notice that the case is posted to 13/05/2014 and, therefore, the petitioner herein shall produce the child before the Family Court on 13/05/2014, in compliance with the order on I.A.No.1226/2014. In view of the undertaking by the petitioner that the child will be produced by the petitioner on 13/05/2014, the Family Court shall refrain from taking coercive steps against the petitioner herein for non compliance of the order on I.A.No.1226/2014 till 13/05/2013. The petitioner shall serve a memo showing production of the child, on the counsel appearing for the respondent before the court below, before 13/5/2014, in compliance of the order of this Court and shall file the above memo with endorsement before the Family Court by 13/05/2014.
K.VINOD CHANDRAN, JUDGE A.MUHAMED MUSTAQUE, JUDGE ms
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Title

Hamna vs Shiraj

Court

High Court Of Kerala

JudgmentDate
02 May, 2014
Judges
  • K Vinod Chandran
  • A Muhamed Mustaque
Advocates
  • Sri
  • Shemeem