IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17121 of 2008(S)
1. SIMLA, D/O.NASEEMA, AGED 28 YEARS
... Petitioner
Vs
1. AHAMED SHOOJA, AGED 36 YEARS,
... Respondent
For Petitioner :SMT.MAJIDA.S
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :09/06/2008
O R D E R
J.B.KOSHY & P.N.RAVINDRAN, JJ.
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W.P.(C).NO.17121 OF 2008 ()
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Dated this the 9th day of June, 2008
J U D G M E N T
KOSHY,J.
Petitioner married the respondent and relationship was
strained between them. According to the petitioner, she was
driven out of the house. Child was with the respondent.
According to the petitioner, child was forcibly taken by the
respondent and Ext.P3 petition was filed and obtained Ext.P4
ex parte order. The petitioner filed Ext.P5 objection, Ext.P6
review petition and an advance petition. But the case was
dismissed for default of the respondent. But it was restored.
It is the case of the petitioner that being the mother of the
child, she is very much eager to have the child with her. The
case is posted on 3.7.2008. Petitioner wants the urgent
custody of the child. We are not expressing any opinion
regarding the merits of the matter as we dispose of the matter
without issuing notice to the respondent. Family Court is
WPC.17121/08 2
directed to consider the petition. In the circumstances of this
case, Family Court is directed to advance the case by issuing
notice to the respondent or counsel and see that orders are
passed as expeditiously as possible, and in any event, atleast
order on interim custody should be passed on or before
3.7.2008. With the above observations this petition is
disposed of. Registry is directed to send a copy of this
judgment to the Family Court urgently.
J.B.KOSHY, JUDGE
P.N.RAVINDRAN, JUDGE
prp
J.B.KOSHY & P.N.RAVINDRAN, JJ.
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M.F.A.NO. OF 2006 ()
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J U D G M E N T
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26th May, 2008