High Court Kerala High Court

Simla vs Ahamed Shooja on 9 June, 2008

Kerala High Court
Simla vs Ahamed Shooja on 9 June, 2008
       

  

  

 
 
  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.
                  -------------------------------
              W.P.(C).NO.17121 OF 2008 ()
                -----------------------------------
           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.

——————————————————–

M.F.A.NO. OF 2006 ()

———————————————————

J U D G M E N T

———————————————————

26th May, 2008