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Abdul Jaleel M vs Nazeeha A. Jaleel

High Court Of Kerala · Decided on 20 December 2022 · Citation: (2022) 12 KL CK 0189

HON’BLE JUDGES
Anil K. Narendran, J · P.G. Ajithkumar, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227
RESULT
Disposed Of
CASE NUMBER
Original Petition (FC) NO. 698 Of 2022
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Judgment

8 paragraphs · 343 words

P.G.Ajithkumar, J

1.

The grandfather of the minor child, Fatimah Zaharra, aged 7 years is the petitioner. He has filed G.O.P.No.2962 of 2022 before the Family Court, Thrissur, seeking to appoint and declare him the guardian of the child. He also seeks permission to renew the Visa of the child, which is expiring on 29.12.2022. The grievance of the petitioner is that O.P.No.2962 of 2022 was transferred from the Family Court, Thrissur to the Family Court, Kunnamkulam, which has been established anew and no hearing date of the case is not yet obtained. Since urgent orders are required in regard to the extension of Visa, the petitioner has filed this Original Petition under Article 227 of the Constitution of India seeking a direction to the Family Court, Thrissur to consider and dispose of Ext.P7, which was filed by the petitioner for an interim order in the matter.

2.

Considering the nature of relief proposed to be granted, service of notice on the respondents is dispensed with.

3.

Heard  the  learned  counsel  appearing  for  the petitioner.

4.

Marriage of the parents of the minor was separated. The petitioner contends that as agreed by both the parents, the child is placed in the custody of the petitioner. Since the petitioner is employed in U.A.E., the child was taken along with him. Visa of the child is expiring on 29.12.2022 and if Visa is not renewed before the said date, it would be difficult for the child to stay in U.A.E. and pursue her studies.

5.

Considering the submissions of the learned counsel appearing for the petitioner, we are of the view that urgent consideration of Ext.P7 application is required. It is stated that although G.O.P.No.2962 of 2022 was transferred to the Family Court, Kunnamkulam, it is yet to be taken on board.

6.

In such circumstances, we direct the Judge, Family Court, Thrissur, who is holding the charge of Family Court, Kunnamkulam to consider Ext.P7 application and take a decisions on it within five days.

The Original Petition is disposed of with the aforesaid directions.