IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22056 of 2009(R)
1. DR.THAJ ABDUL REHMAN, AGED 35 YEARS,
... Petitioner
Vs
1. RAJEENA,D/O.P.K.KUNHI MOHAMMED,
... Respondent
For Petitioner :SRI.KKM.SHERIF
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :11/08/2009
O R D E R
A.K.BASHEER & P.S.GOPINATHAN, JJ.
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W.P.(C)No.22056 OF 2009 - R
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Dated this the 11th day of August, 2009
JUDGMENT
Basheer, J:
Having heard learned counsel for the parties and having
perused the order impugned in this writ petition, we are of the view
that the court below could have easily avoided this confusion and
uncertainty and yet another round of litigation before this court. If
only the court below had chosen to fix a date, this unnecessary
imbroglio could have been avoided.
2. In that view of the matter, the writ petition is disposed of
with a direction to the Family Court, Thrissur, to consider the
prayer in I.A.2056/09 afresh and fix a date for production of the
minor after hearing the respondent. Learned counsel points out
that the schools may be closed in September also in view of Ramzan
and therefore custody of the child can be given to him during that
period. These and all other relevant aspects shall be kept in view
by the Family Court while fixing the date. Parties shall appear
before the court below on 17th August, 2009.
W.P.(C)No.22056 OF 2009
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3. The court below shall pass appropriate orders in the matter
as expeditiously as possible, at any rate, within ten days from the
date of receipt of a copy of this judgment. We make it clear that we
have not expressed any opinion on any of the ancillary or related
disputes pending between the parties.
Writ petition is disposed of.
(A.K.BASHEER, JUDGE)
(P.S.GOPINATHAN, JUDGE)
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