IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 OP (FC).No. 3662 of 2011(R) -------------------------------------- GOP.173/2011 of FAMILY COURT,KOZHIKODE .................... PETITIONER (S): ----------------------- SIRAJ MARAKKARAKATH, S/O.M.ABUBAKAR, MAMATHA, MUDADI,NANDI BAZAR, KATALUR P.O., KOZHIKODE DISTRICT. BY ADV. SRI.P.B.SURESH KUMAR, SENIOR ADVOCATE SRI.SAJI MATHEW SRI.DENU JOSEPH SRI.PRASUN.S RESPONDENT(S): ------------------------- ROSENA AZEEZ, D/O.ABDUL AZEEZ SULAIMAN 38/1325,GRACE, EDAKKAD P.O.,MUNDAKANPADAM, PUTHIYANGADI, KOZHIKODE DISTRICT,PIN-673005. BY ADV. SRI.P.V.KUNHIKRISHNAN THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (FC).No. 3662 of 2011(R): APPENDIX: PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE GOP NO.713/2011 FILED BEFORE THE FAMILY COURT, KOZHIKODE. EXT.P2.TRUE COPY OF THE IA NO.1798/2011 IN GOP NO.713/2011 FILED BEFORE THE FAMILY COURT, KOZHIKODE. EXT.P3.TRUE COPY OF THE EMAIL DATED 14.9.2010. EXT.P4.TRUE COPY OF THE IA.NO.1824/2011 IN GOP NO.713/2011 FILED BEFORE THE FAMILY COURT, KOZHIKODE. EXT.P5.TRUE COPY OF THE NEWS ITEM WHICH APPEARED IN MALAYALAM MANORAMA DAILY 21.9.2011. EXT.P6.TRUE COPY OF THE NEWS ITEM WHICH APPEARED IN MATHRUBHUMI DAILY 21.9.2011. EXT.P7.COPY OF THE NEWS ITEM WHICH APPEARED IN MADHYAMAM DAILY 21.9.2011. EXT.P8.TRUE COPY OF THE LIST OF DOCUMENTS FILED BY THE PETITIONER IN GOP NO.713/2011 OF THE FAMILY COURT, KOZHIKODE. EXT.P9.TRUE COPY OF THE IA.NO.1917/2011 IN GOP NO.713/2011 FILED BY THE PETITIONER. EXT.P10.TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF MINOR GIRL LYNA SOFIA SIRAJ. EXT.P11.TRUE COPY OF THE COUNTER AFFIDAVIT FILED IN EXT.P4 PETITION BY THE PETITIONER. EXT.P12.TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT TO THE ADVANCE PETITION FILED BY THE PETITIONER. EXT.P13.TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT IN EXT.P2 PETITION FILED BY THE PETITIONER. EXT.P14.TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT IN EXT.P9 PETITION FILED BY THE PETITIONER. EXT.P15. TRUE COPY OF THE COMMON ORDER DATED 17.10.2011 PASSED BY THE FAMILY COURT, KOZHIKODE. K.M.JOSEPH & A. M. SHAFFIQUE, JJ. ------------------------------------------------------- O.P.(FC) No.3662 of 2011-R ----------------------------------------- Dated, this the 15th day of December, 2011 J U D G M E N T K.M.Joseph, J. Petitioner is the father of the minor child named Lyna Sofia Siraj who is the subject matter of the Original Petition filed before the Family Court, Kozhikode. Petitioner seeks to quash Ext.P15 and to allow Ext.P2 and Ext.P9 and also to dismiss Ext.P4. 2. After the learned counsel for the respondent appeared the learned senior counsel for the petitioner made a suggestion regarding the visitation rights. Thereafter, when the matter was taken up today, we heard the learned counsel appearing. Learned counsel for the respondent/wife would submit that respondent/wife is agreeable to the petitioner having custody of the minor child on every Second Saturday and Sunday and also to the petitioner having custody of the child during the First Half of the Onam and Christmas Holidays and Summer Vacation provided that she has permanent custody also as custody otherwise. Learned counsel for the petitioner is also OPFC 3662/2011 -2- agreeable to this course. In the light of the understanding between the parties we dispose of the Original Petition as follows: (i) The respondent will give custody of the minor child Lyna Sofia Siraj to the petitioner on every Second Saturday and Sunday. To facilitate custody petitioner may go over to the residence of the respondent at 9 A.M and take custody of the minor child and he can keep custody till next day, that is, Sunday till 6 P.M and at 6 P.M he shall hand back custody to the respondent. (ii) Petitioner is also entitled to have custody of the child during the First Half of Onam Christmas holidays and Summer Vacation and the respondent will have custody during the rest of the period. (iii) Permanent custody of the child will be with the respondent/mother. (iv) Parties are free to move the Family Court, Kozhikode also so that the Original Petition can be disposed of on the above lines. (v) It will be open to either party to move the Family Court, OPFC 3662/2011 -3- Kozhikode for any modification as may become necessary in future. (K.M.JOSEPH) JUDGE. (A. M. SHAFFIQUE) JUDGE. MS