BEFORE THE HONOURABLE FAMILY COURT, MAVELIKARA

(In the matter of the person of the minor,

Ariana J Vijayakumar)

O. P. (G & W) No. /2022

Between

Jithesh Vijayakumar : Petitioner

And

Karthika V Kumar : Respondent

Name and address of the Petitioner:

Jithesh Vijayakumar, aged 30 years

S/o Late Vijayakumar.B
Jayabhavanam
Puthukundum
Karthikappally P.O
Alappuzha

Name and address of the Respondent:

Karthika V Kumar, aged 31 years

D/o Vijayakumar
Vijaya Nivas
Karuvatta South Muri
Karuvatta. P.O
Kumarapuram, Alappuzha

Petition filed under Section 7 & 29 of the Guardian & Wards

Act of 1890 r/w Section 7 of the Family Courts Act, 1984

The petitioner humbly submits as under:

1. The above-named Ariana J Vijayakumar, is a minor girl, of 18 months of age,

born on 16th June 2021 in the legal wedlock between the petitioner and the
respondent.

Petitioner : Contd….2
 -2-

2. It is respectfully submitted that the marriage between the petitioner and the

respondent was solemnized on 27.08.2018 at Bhuvi Convention Centre

Nangiarkulangara, Cheppadu as per Hindu religious rites and ceremonies since
both the parties are of Hindus religion.
3. It is further submitted with utmost respect that the petitioner is an Engineering

Graduate and has been working in UAE even prior to the solemnization of
marriage. While he was doing his schoolings at Holy Trinity Vidyabhavan,
Karthikappally the respondent was one among his classmates. They got
acquainted with each other and even after school days the relationship persisted.
Subsequently the petitioner joined for B.Tec degree course in Nehru College,
Coimbatore, Tamil Nadu and graduated in Computer Science Branch of
Engineering in the year 2014. Then, in search of an employment he had
migrated to Arabian Gulf and obtained a job therein Dubai, UAE as an
Engineer. In the meantime, the respondent also obtained an Engineering degree
and a Post Graduate degree in management. She had been working therein,
Amazon Ltd. Anyhow the petitioner and respondent had decided to proceed a
matrimonial life and for the fulfillment of the same, they got married as
mentioned here above.
4. It is respectfully submitted that after the marriage they started to reside together

in the residential house of the petitioner in the above-mentioned address for a

period of nearly 15 days. Thereafter both of them moved to Coimbatore, the
then job place of the respondent. Later the petitioner left to his place of work
and occasionally came back on leave to the

Petitioner : Contd….3

-3-
 respondent. In the year 2019 the petitioner took the respondent to Dubai, UAE
with him. While they were residing together in UAE she got consummated.
When the respondent was pregnant, the petitioner brought his mother to Dubai
to take care of the respondent. At the 8th month of pregnancy, the petitioner sent
both the respondent and his mother back to the native place for delivery.
5. The respondent had given birth to the ward named Ariana J Vijayakumar at

Sanjeevani Multi Specialty Hospital, Kollakadavu on 16 th June 2021. All the

hospital expenses were reimbursed from the employer of the petitioner and the
petitioner had transferred the same in favour of the account of the respondent.
In addition to that the petitioner himself had transferred an amount of Rs.
75,000/- to the respondent to meet the day-to-day expenses while she was
undergoing medical attention. This was done after respondent reached here in
native place.
6. It is respectfully submitted that the petitioner had rushed to see his child and
the respondent on 24.06.2021, i.e, 8 days after the birth of the child. With
utmost respect it is submitted that due to Covid-19 Pandemic issues there
existed some sort of restrictions and non-availability of Flights from Dubai to
India during that period. In spite of those impediments the petitioner managed
to arrange a ticket to fly to India and eventually joined with his child and
respondent.

Petitioner : Contd….4
 -4-
7. The respondent was discharged from the Hospital after delivery, prior to the

arrival of the petitioner. The petitioner after complying with the then existing
quarantine as per protocol and later on met the child and the respondent at the
residence of the respondent, mentioned here above in the cause title. When the
petitioner visited the child and the respondent, where to his dismay the attitude
of the respondent was very oppressive. She had not even cared to speak or
spend some time with the petitioner. When the petitioner enquired about her
attitude, she had stated that she is not interested in continuing her life with the
petitioner and the newly born baby is a disturbance to her as the presence of the
baby will affect her privacy and freedom. The petitioner was shocked after
hearing these words and the attitude of the respondent. He had informed this
matter to her parents. The parents tried to convince the petitioner that such
attitude of the respondent is due to some sort of mental agony caused due to
postpartum pregnancy. They advised the petitioner to take some time and in the
meantime everything will become normal. The petitioner had informed this
matter to his close relatives. He was very particular about not creating any
unwarranted situations and decided to go back to his place of employment and
to wait for a breathing period. Hence the petitioner returned to Dubai, that too
after three months.
8. After reaching there in Dubai the petitioner tried his level best to conciliate the

matter and used to contact the respondent in video call and audio call. But she
was totally adamant about avoiding the petitioner by any means. She was
behaving in such a manner that she never wanted the assistance, care or
protection

Petitioner : Contd….5
 -5-
of the petitioner. She stated that she had no further willingness to continue her
life as a wife to the petitioner. She was talkative about the disturbances she had
been suffering due to the birth of the child. According to her it was because of
the grave wrong and mistakes from the part of the petitioner, the child was
born. The petitioner became so desperate as a result of the attitude of the
respondent and her attempts to manipulate the things like anything. He had
entrusted the parents of the respondent as well as his close relatives to trace out
a positive solution for the issue.
9. It is respectfully submitted that as far the petitioner is concerned, he is much

bothered about the situation in which his young kid is living. A mother always
conveying unfortunate statements about her child and the father of the child is a
totally intolerable situation. So he had decided to trace out a solution by legal
means. But the respondent with the aid and support of her parents immediately
preferred some false and vexatious litigation against the petitioner and his age-
old mother. They had preferred a case as M C No. 3/2022 before the JFMC-
VIII, Ernakulam racing false allegations against the petitioner. Further for
dissolution of marriage and for other relief the respondent had filed OP
numbers 100/2022 and 101/2022 before the Family Court, Ernakulam.
12. The petitioner understands that the act of bringing up a child is a commitment.
As all human beings aspire to have ideal children, so does the petitioner. Right
from the time the birth of the child, he has specially concentrated on shaping
and molding the child in an ideal manner. The petitioner is capable individual to
create a suitable environment for the child which is full of love, respect,
knowledge and values so that the child can grow according to her

Petitioner : Contd….6
 -6-
capabilities. The petitioner is having sufficient social and financial status to do
so. Even now the petitioner has been sending a pretty sum to the account of the
respondent for the maintenance and expenses of his daughter.
13. The petitioner, being the father of the minor child, is entitled to the custody of
the minor. There is no reason whatsoever to disqualify the petitioner from being
the guardian of the minor. The petitioner is fit and a proper person to be
appointed as the guardian of the minor. The petitioner is having a decent
income and can properly look after the welfare of the child. The place where the
child is now is not conducive for the welfare of the child. It is only in the best of
interest and welfare of the child that the custody of the person of the minor is
given to the petitioner. The petitioner is the natural guardian of the child, being
her father, and as such has every right to be the guardian of the persons of the
minor and is entitled to get custody of the child. The petitioner reasonably
apprehends that the custody of the child, even though only 18-month-old, with
her mother who is always considering the child as a disturbance to her, will
endanger the child.
14. Therefore, in the circumstances, the petitioner is entitled to be declared as the
guardian of the minor child and the custody of the minor child is to be given to
the petitioner. This Hon’ble Court also ought to declare the petitioner as the
guardian of the child.
15. No application has been made to this or any other court by me with respect to
the guardianship of the person or property of the minor on the present cause of
action and there is no collusion between the parties in filing this petition.

Petitioner : Contd….7
 -7-
16. The cause of action for the petition arose on 16.06.2021, the date of birth of the
child and on 25.06.2021 the date on which the respondent refused to
accompany him with the child and finally on 17.11.2022 the date on which the
respondent refused to see the child to the petitioner and at Karuvatta Village,
where the minor child is ordinarily residing which is within the jurisdiction of
this Hon'ble Court.
17. The petitioner has remitted a court fee of Rs 50/- as provided in Article 11(2) of
Schedule II of Kerala Court Fees and Suits Valuation Act.

Therefore, it is most respectfully prayed that the Hon'ble Court may be pleased to
pass a decree:
RELIEFS
A) Declaring the petitioner as the guardian of the person of the minor child, Ariana
J Vijayakumar (16.06.2021;

B) To grant the custody of the person of the minor to the petitioner;

C) Allowing such other reliefs that are found necessary during the course of the
case; and

D) The costs of the petition to the petitioner.

Dated this the 09th day of December 2022

Petitioner : Jithesh Vijayakumar

Advocates: T.O. Naushad

&
Regi V. George

VERIFICATION
I, Jithesh Vijayakumar, do hereby solemnly affirm and declare that what all stated
above are true and correct to the best of my knowledge, information and belief.
Petitioner : Jithesh Vijayakumar

-8-
List of Documents
1. Birth Certificate dt: 05.07.2021 of Cheriyanadu Grama Panchayat
2. Marriage Certificate dt: 01.10.2018 of Cheppad Grama Panchayat.

Advocates: T.O. Naushad

&
Regi V. George
BEFORE THE HONOURABLE FAMILY COURT, MAVELIKARA
(In the matter of the person of the minor,
Ariana J Vijayakumar)

O. P. (G & W) No. /2022

AFFIDAVIT

I, Radhakrishnan Nair, aged 60 years residing at Souparnika, Chingoli Village,

Karthikappally Taluk, do hereby solemnly affirm and declare as follows:-

1. That I am a permanent resident of above address and the uncle of the

petitioner named Jithesh Vijayan, in the above Original Petition.

2. That the above petition is filed for declaring the petitioner as the guardian of
his minor daughter Ariana J Vijayakumar.

3. That the petitioner the proposed guardian, has no interest in the matters in
controversy in this petition adverse to that of the minor daughter Ariana J
Vijayakumar and he is a fit person to be so appointed.

4. That no harm will be caused to minor daughter Ariana J Vijayakumar if the

petitioner is appointed as the guardian.

5. That I affirm that the petitioner Jithesh Vijayakumar is a fit person who is
concerned about the welfare of his minor daughter.

All the statements made above are true and correct

Deponent:
 BEFORE THE HONOURABLE FAMILY COURT, MAVELIKARA
(In the matter of the person of the minor,
Ariana J Vijayakumar)

O. P. (G & W) No. /2022

AFFIDAVIT

I, Jithesh Vijayakumar, aged 30 years, S/o Late Vijayakumar.B, Jayabhavanam,

Puthukundum, Karthikappally P.O, Alappuzha, Karthikappally Taluk do hereby
solemnly affirm and state as follows:-

1. That I am the petitioner in the above petition.

2. That I have instituted the Original Petition for declaring me as the guardian
of the minor daughter the above named Ariana J Vijayakumar having been
born on 16th June 2021 and ordinarily residing within the jurisdiction of
this Hon’ble court.

3. That the petition contains 17 paragraphs and 4 reliefs.

4. That along with the petition 2 documents are produced.

5. That necessary petition fee is also remitted.

6. That the averment in the petition is true and correct.

The facts stated above are true and correct.

Deponent : Jithesh Vijayakumar

BEFORE THE HONOURABLE FAMILY COURT, MAVELIKARA
(In the matter of the person of the minor,
Ariana J Vijayakumar)

O. P. (G & W) No. /2022

Between

Jithesh Vijayakumar : Petitioner

And

Karthika V Kumar : Respondent

AFFIDAVIT

I, Jithesh Vijayakumar, aged 30 years, S/o Late Vijayakumar.B,

Jayabhavanam, Puthukundum, Karthikappally P.O, Alappuzha,
Karthikappally Taluk do hereby solemnly affirm and state as follows:-

1. That I am the petitioner in the above numbered Original Petition.

2. That I have instituted the Original Petition for declaring me as the

guardian of minor child above named Ariana J Vijayakumar of 18
months, born on 16th June 2021 who is of Hindu religion and ordinarily
resides within the jurisdiction of this Hon’ble court. The petitioner who is
the father and natural guardian of the said minor child. The copy of the
birth certificate of the minor is producing herewith.

3. That it is respectfully submitted that the marriage between me and the

respondent was solemnized on 27.08.2018 at Bhuvi Convention Centre
Nangiarkulangara, Cheppadu as per Hindu religious rites and
ceremonies since both the parties are Hindus by religion.

4. That I am an Engineering Graduate and have been working in UAE even

prior to the solemnization of marriage. While I did my schoolings at Holy
Trinity Vidyabhavan, Karthikappally the respondent was one among my
classmates. We got acquainted with each other and even after school
days the relationship persisted. Subsequently I joined for B.Tec degree
course in Nehru College, Coimbatore, Tamil Nadu and got graduated in
Computer Science Branch of Engineering in the year 2014.
…….2

-2-
 Then, in search of an employment I have migrated to Arabian Gulf and
obtained a job therein Dubai, UAE as an Engineer. In the meantime, the
respondent also obtained an Engineering degree and a Post Graduate
degree in management. She had been working therein, Amazon Ltd.
Anyhow we decided to proceed with a matrimonial life and for the
fulfillment of the same, we got married as mentioned here above.

5. That subsequent to marriage we started to reside together in my

residential house in the above-mentioned address for a period of nearly
15 days. Thereafter we moved to Coimbatore, the then job place of the
respondent. Later I left to my place of work and occasionally came back
on leave to the respondent. In the year 2019 I had taken the respondent
to Dubai, UAE with me. While we were residing together therein UAE she
got consummated. When the respondent was pregnant, I had brought my
mother to Dubai to take care of the respondent. At the 8 th month of
pregnancy I had send back both the respondent and my mother to the
native place for delivery.

6. That the respondent had given birth to the ward named Ariana J
Vijayakumar at Sanjeevani Multi Specialty Hospital, Kollakadavu on 16 th
June 2021. All the hospital expenses got reimbursed from my employer
and I had transferred the same in favour of the account of the
respondent. In addition to that I had transferred an amount of Rs.
75,000/- to the respondent for meeting the day-to-day expenses while
she was undergoing medical attention after reaching here in native place.

7. That I had rushed to see my child and the respondent on 24.06.2021, i.e,
8 days after the birth of the child. With utmost respect it is submitted
that due to Covid-19 Pandemic issues there existed some sort of
restrictions and non-availability of Flights from Dubai- India during that
period. In spite of those impediments, I managed to arrange a ticket for
flying to India and joined with my child and respondent.

……3

-3-
 8. That the respondent was discharged from the Hospital after delivery,
even prior to my arrival. So, I after complying the then existing
quarantine measurements as per protocol and met the child and the
respondent at the residence of the respondent, mentioned here above in
the cause title. When I visited the child and the respondent, to my
dismay the attitude of the respondent was very oppressive. She had not
even cared to speak or spend some time with me. When I enquired about
her attitude, she had stated that she is not interested in continuing her
life with me and the newly born baby is a disturbance to her as the
presence of the baby will affect her privacy and freedom. I am shocked by
hearing these words and the attitude of the respondent. I informed this
matter to her parents. The parents tried to convince me that such
attitude is due to some sort of mental agony caused due to postpartum
pregnancy. They advised me to take some time and in the meantime
everything will become normal. I had informed this matter to my close
relatives. I very particular about not creating any unwarranted situations
and has decided to go back to my place of employment and to wait for a
breathing period. Hence, I had returned to Dubai, that too after three
months.
9. That after reaching in Dubai tried my level best to conciliate the matter
and used to contact the respondent in video call and audio call. But she
was totally adamant about avoiding me by any means. She was behaving
in such a manner that she never wanted the assistance, care or
protection that I was willing to provide. She had denied her willingness
to continue life with me as a wife. She was so talkative about the
disturbance she had been suffering due to the birth of the child.
According to her it was because of the grave wrong and mistakes from
my part, the child was born. I became so desperate as the result of the
attitude of the respondent and her attempts for manipulating the things
like anything. I had entrusted the parents of the respondent as well as
my close relatives to trace out a positive solution for the issue.
10. That I am so much bothered about the situation in which my young kid
is living. A mother always conveying unfortunate statements about her
child and the father of the child is a totally intolerable situation. So, I
had decided to trace out a solution by legal means. But the respondent
…….4

-4-
 with the aid and support of her parents immediately preferred some false
and vexatious litigation against me and my age-old mother. They had
preferred a case as M C No. 3/2022 before the JFMC-VIII, Ernakulam
racing false allegations against me. Further for dissolution of marriage
and for other relief the respondent had filed OP numbers 100/2022 and
101/2022 before the Family Court, Ernakulam.
11. That being the father it is my just right to see my child and to know
about her whereabouts. The respondent has no manner of right to
restrain me from visiting and seeing my child. At present the respondent
is restricting me from doing so and the child is under her custody. Since
the child is only 18 months old and a breast feeding one, I am not
insisting for any interim custody of the child at this point of time. But my
right to visit the child and to know her whereabouts is to be preserved
and protected, failing which I will be put to irreparable loss and injury.
Hence I am filing a petition for an order to be passed, directing the
respondent to permit me to visit the child and the same may be allowed.

Hence the petition filing here with may please be allowed.

All the statements made above are true and correct

Deponent: Jithesh Vijayakumar

 BEFORE THE HONOURABLE FAMILY COURT, MAVELIKARA
(In the matter of the person of the minor,
Ariana J Vijayakumar)

I A No. /2022
IN
O. P. (G & W) No. /2022

Petitioner : Jithesh Vijayakumar, aged 30 years

S/o Late Vijayakumar.B
Jayabhavanam
Puthukundum
Karthikappally P.O
Alappuzha

Respondent : Karthika V Kumar, aged 31 years

D/o Vijayakumar
Vijaya Nivas
Karuvatta South Muri
Karuvatta. P.O
Kumarapuram, Alappuzha

PETITION FILED UNDER SECTION 25 OF THE G&W ACT

AND SECTION 151 OF CPC

For the reason stated in the accompanying affidavit it is humbly prayed that
this Hon’ble Court may be pleased to pass an order directing the respondent to
permit the petitioner to visit his minor child named Ariana J Vijayakumar and
to inform the petitioner about the whereabouts of the child from time to time
till the disposal of the Original Petition.

Dated this the 9th day of December 2022

T.O Naushad
&
Regi V. George
Advocates
 BEFORE THE HONOURABLE FAMILY COURT, MAVELIKARA
(In the matter of the person of the minor,
Ariana J Vijayakumar)

O. P. (G & W) No. /2022

AFFIDAVIT

I, Jithesh Vijayakumar, aged 30 years, S/o Late Vijayakumar.B,

Jayabhavanam, Puthukundum, Karthikappally P.O, Karthikappally Taluk,
Alappuzha District, do hereby solemnly affirm and state as follows:-

01. That I am the petitioner in the above numbered Original Petition.

02. That I have instituted the Original Petition for declaring me as the
guardian of the minor daughter the above named Ariana J Vijayakumar
having been born on 16th June 2021 and ordinarily residing within the
jurisdiction of this Hon’ble court.

1. That along with the Original Petition I have filed photo copies of the
marriage certificate dt: 01.10.2018 of Cheppad Grama Panchayat and
birth certificate of my minor child dt: 05.07.2021 of Cheriyanadu Grama
Panchayat.

03. That it is highly necessary for the interest of justice to accept the
photocopies of the documents I had filed along with the Original Petition
and to act upon the same. I shall produce the certified copy of the same
without any delay.

Hence the petition filing along with may please be allowed.

All the statements made above are true and correct

Deponent: Jithesh Vijayakumar

BEFORE THE HONOURABLE FAMILY COURT, MAVELIKARA

(In the matter of the person of the minor,
Ariana J Vijayakumar)
 I A No. /2022
IN
O. P. (G & W) No. /2022

Petitioner : Jithesh Vijayakumar, aged 30 years

S/o Late Vijayakumar.B
Jayabhavanam
Puthukundum
Karthikappally P.O
Alappuzha

Respondent : Karthika V Kumar, aged 31 years

D/o Vijayakumar
Vijaya Nivas
Karuvatta South Muri
Karuvatta. P.O
Kumarapuram, Alappuzha

APPLICATION FILED UNDER SECTION 151 OF CPC

For the reason stated in the accompanying affidavit it is humbly prayed that
this Hon’ble court may be pleased to accept and act upon the photocopies of
the marriage certificate and birth certificate of the minor child filed along with
the Original Petition.

Dated this the 09th day of December 2022

T.O Naushad
&
Regi V. George
Advocates
10.
11. The petitioner is working at Smart
World Company, Dubai and then after he joined Eti Salat, Dubai from 2019
and he still working in the above said company.

12. The petition is filed by the petitioner

to be declared as the guardian of the aforesaid minor and to get his
continuous custody.

13. The petitioner is the husband of the

respondent. The marriage between the petitioner and the respondent took
place on 27.08.2018 at Haripad Subramaniya Swami Temple as per the
religious rites and ceremonies as per the Hindu religious rites and customs
prevailing the community. At the time of marriage, the petitioner was
employed abroad in Smart World Company, Dubai and then after that at Eti
Salat from 2019 onwards. After marriage the respondent was taken to the
residence of the petitioner. Subsequently the petitioner left to his place of
employment in Eti Salat, Dubai. At the time of marriage, the counter
petitioner was working at Amazon, Coimbatore. The counter petitioner
resigned her job and in November 2019 she went to Dubai and stayed with
the petitioner. When the counter petitioner was at Dubai, she became
pregnant and on that time the petitioner and his mother look after the
counter petitioner. On 6th April 2021 the counter petitioner came back to
the petitioner’s house with the petitioner’s mother. The counter petitioner
stayed 15 days at the petitioner’s house and then after as per custom the
parents of the counter petitioner took her to their home for delivery.

14. The counter petitioner gave birth to a

child on 16th June 2021 at Sanjeevani Hospital, Kollakadavu. The expenses
of the hospital met by the parents of the counter petitioner and then after
they reimbursed from the petitioner’s company.

15. The petitioner and respondent were

in love from their college studies. Even though they were in love from the
early days of marriage the respondent had developed an oppressive attitude
towards the petitioner and the family members. The respondent was not
ready and willing to take care of the petitioner or to listen for his advises.
16. It is respectfully submitted that the
respondent was always reluctant to take care of the affairs of the petitioner
as well as the minor child. She has the habit of chatting with mobile
phones, always during day and nighttime. She had been maintaining
relation with some other persons. On several occasions the petitioner and
her parents tried their level best to correct the respondent from this type of
unfair habit. Even though she had conceded her wrongful acts, she has
been continuing the habit like anything.

17. It is respectfully submitted that in

the year 2017 the petitioner had taken back the respondent and the minor
childrento the native place and settled them there. After that the petitioner
had gone back to his place of employment and he has been continuing
there.

18. While the respondent was there in

Saudi Arabia with the petitioner, she got acquainted with a person named
Shanavas, S/o Aboobaker, resident of Pallana. The said person was there in
Saudi Arabia and since he is the person from the very same place of the
petitioner, he was known to the petitioner.

19. When the respondent and minor child were settled here in the native place,
the mother of the petitioner was also residing with them. The petitioner had
taken such a decision, because of the irresponsible and reluctant attitude of
the respondent towards the children. So, the mother of the petitioner has
been staying with the children and she was taking care of the children and
sending them to school. Both the children are studying in Marida
Montessory School, Pallana in Std 4th and 1st respectively.

20. It is respectfully submitted that after starting their permanent residence

here in the native place the respondent started an illicit relation with above
mentioned Shanavas. About 5 months back the wife and mother in law of
said Shanavas came to my residential house and they created some issues
there. They publicly exhibited some photographs of said Shanavas and the
respondent which are obscene in nature. They physically assaulted my
mother. They alleged that the respondent has been in an illicit relation with
said Shanavas. After this incident the respondent left my house by leaving
the children for a period of nearly two months. During that period it was my
mother who took care of them, since I was not in station. Some of our

Petitioner ………….4
 -4-
family members intervened in this matter and the respondent apologized to
them and later on she came back. Then she again resided there in the
house of the petitioner but she had taken a hostile attitude towards the
children.

21. It is respectfully submitted that again on 05.07.2019 another unfortunate

incident took place which really affected the social status of the petitioner,
his children and the entire family. On that day at about 2.00 AM while
above said Shanavas was coming out of the residential house of the
respondent he was caught red handed by some of the inmates of the nearby
locality. They so the said Shanavas jumping over the compound wall of the
residential house of the respondent. They stopped him and questioned him
about his extra ordinary presence there in that particular area during odd
hours. Then he disclosed that he was coming out of the house of the
respondent after sharing bed with her and they used to do so. The inmates
kept them there and informed the matter to Thrikkunnappuzha Police. The
police party rushed to the spot and they handed over his custody to the
police. When the police questioned the respondent so as to confirm the
claim of said Shanavas, she had openly admitted that with her consent said
person came here and they have decided to live together and nobody has
any right to prevent them from doing so.

22. Thereafter also the respondent continued her residence in the petitioners
house on 11.07.2019 in the night she had consumed sanitary washing
lotion and committed a suicide attempt. Then she had take to Medical
College Hospital, Alappuzha by the relatives of the petitioner and was
admitted there as an inpatient. The matter was duly intimated to police
Authorities then and there itself. The police officers visited the respondent
and had taken her statement. Further the Pink Police Authorities also
visited the respondent in the MCH and recorded her statement.

23. It is respectfully submitted that after discharging from the Medical College
Hospital the respondent has left the place and had gone to her parents. But
according to the information of the petitioner, now the

Petitioner ………….5
-5-
respondent is with the said Shanavas and they are living together. The said
Shanavas is a highly influential person and he is having criminal
antecedents. Now the petitioner came to know from reliable source that the
petitioner and the said Shanavas are taking hasty steps to take the illegal
 custody of the minor children. The intention of the petitioner and the said
Shanavas is to bargain with the petitioner since she is totally aware about
the love and affection the petitioner is having towards the children.

24. The respondent has no authority to take the minor children into her
custody. She is a person leading an adulterous life with a man who is
having a wife and three daughters. The respondent is a person who is
shameful to the entire human community. If she is allowed to take custody
of the children, it will be harmful to the children, also. Knowing all these
things the petitioner came back from K.S.A to the native place on
10.07.2019

25. The petitioner understands that bringing up children is a commitment. As

all human beings aspire to have ideal children, so does the petitioner aspire.
Right from the time the birth of both the children, he has specially
concentrated on shaping and molding the children in an ideal manner. The
petitioner is capable to create a suitable environment for the children which
is full of love, respect, knowledge and values so that the children can grow
according to their capabilities.

26. The petitioner, being the father of the minor children, is entitled to the
custody of the minors. There is no reason whatsoever to disqualify the
petitioner from being the guardian of the minors. The petitioner is fit and
proper person to be appointed as the guardian of the minors. The petitioner
is having a decent income and can properly look after the welfare of the
children. It is only in the best of interest and welfare of the children that the
custody of the person of the minors is declared in favour of the petitioner.
The petitioner is the natural guardian of the children, being its father, and
as such has every right to be the guardian of the persons of the minors and
is entitled to continue the custody of the children.

Petitioner ………….6

-6-
27. Therefore, in the circumstances, the petitioner is entitled to be declared as
the guardian of the minor children and the custody of the minor children is
to be continued with the petitioner. This Hon’ble Court also ought to order
the respondent not to take away the children from their present residence.

28. No application has been made to this or any other court with respect to the
guardianship of the person or property of the minors on the present cause
of action.
29. The cause of action for the petition arose on 28.04.2010, and on
20.05.2013, the date of birth of the children and on 11.07.2019 the date on
which the respondent departed the children and at Thrikkunnappuzha
village, where the children are ordinarily residing now situates within the
jurisdiction of this Hon'ble Court.

The petitioner has remitted a court fee of Rs 50/- as provided in Article

11(2) of Schedule II of Kerala Court Fees and Suits Valuation Act.

Therefore, it is most respectfully prayed that the Hon'ble Court may be

pleased to pass an order:
RELIEFS
E) Declaring the petitioner as the guardian of the person of the minors, Ameen
Noushad, and Afzer Noushad

F) To pass an Order directing the respondent and her henchmen not to take
the custody of the children illegally.

G) Allowing such other reliefs that are found necessary during the course of
the case; and

H) The costs of the petition to the petitioner.

Dated this the day of July 2019

Petitioner: NOUSHAD

Advocates: T.O. Naushad

&
Regi V. george

…….7

-7-

VERIFICATION

I, Noushad do hereby solemnly affirm and declare that what all stated above
are true and correct to the best of my knowledge, information and belief.

Petitioner: NOUSHAD

LIST OF DOCUMENTS
 1) Mariage Certificate issued by Thrikkunnappuzha Panoor Muslim Jama-
Ath Dt: 14.07.2019

2) Copy of the birth certificate of Ameen Noushad issued from Kayamkulam

Municipality Dt: 23.05.2016

3) Copy of the birth certificate of Azfer Noushad issued from Kollam

Corporation Dt: 11.04.2016

Petitioner: NOUSHAD

Advocates: T.O. Naushad

&
Regi V. George

BEFORE THE HON’BLE FAMILY COURT, MAVELIKARA

O. P. (G & W) No. /2019

AFFIDAVIT

I, Noushad, aged 44 years, S/o Basheer, Thaichirayil, Panoor, Pallana P.O,

Thrikkunnapuzha Village, Karthikappally Taluk do hereby solemnly affirm and
state as follows:-

1. That I am the petitioner in the above petition.

 2. That I have instituted the Original Petition for declaring me as the
guardian of minor children he above named Ameen Noushad, boy, is
minor, of 6 years and Afzer Noushad, boy, minor, of 9 years respectively
having been born on 20th May 2013 and 28th April 2010 by religion
Muslims, and ordinarily reside within the jurisdiction of this Hon’ble
court.

3. That the petition contains 20 paragraphs and 4 reliefs.

4. That along with the petition 3 document is produced.

5. That necessary petition fee is also remitted.

6. That the averment in the petition is true and correct.

The facts stated above are true and correct.

Deponent : Noushad

BEFORE THE HONOURABLE FAMILY COURT, MAVELIKARA

(In the matter of the person of the minors,
Master Ameen Noushad & Master Azfer Noushad)

O. P. (G & W) No. /2019

Between

Noushad : Petitioner

And
S.Reena : Respondent

AFFIDAVIT
I, Noushad, aged 44 years, S/o Basheer, Thaichirayil, Panoor, Pallana P.O,
Thrikkunnapuzha Village, Karthikappally Taluk do hereby solemnly affirm and
state as follows:-

12. That I am the petitioner in the above numbered Original Petition.

13. That I have instituted the Original Petition for declaring me as the
guardian of minor children he above named Ameen Noushad, boy, is
minor, of 6 years and Afzer Noushad, boy, minor, of 9 years respectively
having been born on 20th May 2013 and 28th April 2010 by religion
Muslims, and ordinarily reside within the jurisdiction of this Hon’ble
court. The petitioner who is the father and natural guardian of the said
minors Ameen Noushad and Afzer Noushad. The copies of the birth
certificates of the minors are producing herewith.

14. That I am a person working in the Middle East, in Saudi Arabia for
past more than 15 years.

15. That the petition is filed by me to be declared as the guardian of

the person of the aforesaid minors and to get their continuous custody.

16. That I am the husband of respondent. The marriage between me

and the respondent took place on 20.02.2005 as per the religious rites
and ceremonies prevailing in the Muslim community. At the time of
marriage, the I was employed abroad in K.S.A. After marriage the
respondent was taken to the residence of me. Subsequently I left

……….2

-2-
to the place of employment in K.S.A. After seven months of marriage the
respondent was taken to K.S.A in the family status visa of me and
thereafter they had been living there in K.S.A.

17. That from the early days of marriage the respondent had developed
an oppressive attitude towards me and my family members. The
respondent was not ready and willing to take care of the me or to
listen for my advises. The respondent had the habit of telling lies to me
and my parents. I had questioned the strange behavior of the
respondent and she had made it as a large issue.

18. That subsequent to the marriage, I had purchased a residential

plot in my native place and constructed a residential building therein.
The purchase of the property as well as the construction of the
 residential house was done by making use of the earnings of me. In the
year 2012, the construction of the house was completed and I and family
shifted to the residential building.

19. That the respondent was always reluctant to take care of the
affairs of me as well as the minor children. She was the habit of chatting
with mobile phones, always during day and night time. She had been
maintaining relation with some other persons. On several occasions I
and her parents tried their level best to correct the respondent from this
type of unfair habit. Even though she had concede her wrongful acts, she
has been continuing the habit like anything.

20. That in the year 2017 I had taken back the respondent and the
minor children to the native place and settled them there. After that I
had gone back to his place of employment and he has been continuing
there.

21. That while the respondent was there in Saudi Arabia with me she got
acquainted with a person named Shanavas, S/o Aboobaker, resident of
Pallana. The said person was there in Saudi Arabia and since he is the
person from the very same place of me, he was known to me.
…….3

-3-

22. That when the respondent and minor children were settled here in the
native place, my mother was also residing with them. I had taken such a
decision, because of the irresponsible and reluctant attitude of the
respondent towards the children. So the my mother has been staying
with the children and she was taking care of the children and sending
them school. Both the children are studying in Marida Montessory
School, Pallana in Std 4th and 1st respectively.

23. That after starting their permanent residence here in the native place the
respondent started illicit relation with above mentioned Shanavas. About
5 months back the wife and mother in law of said Shanavas came to my
residential house and they had created some issues there. They publicly
exhibited some photographs of said Shanavas and the respondent which
are obscene in nature. They physically assaulted my mother. They have
alleged that the respondent has been in illicit relation with said
Shanavas. After this incident the respondent left my house by leaving the
children for a period of nearly two months. During that period it was my
 mother who had taken care of them, since I was not in station. Some of
our family members intervened in this matter and the respondent
apologized to them and later on she came back. Then she again resided
there in the house of the petitioner but she tooka hostile attitude towards
the children.

24. That again on 05.07.2019 another unfortunate incident took place which
really affected the social status of me, my children and the entire family.
On that day at about 2.00 AM while above said Shanavas was coming
out of the residential house of the respondent he was caught red handed
by some of the inmates of the nearby locality. They saw the said
Shanavas jumping over the compound wall of the residential house of
the respondent. They stopped him and questioned him about his extra
ordinary presence there in that particular area during odd hours. Then
he disclosed that he was coming out of the house of the respondent after
sharing bed with her and they used to do so. The inmates kept them
there and informed the matter to Thrikkunnappuzha Police. The police
party

……..4

-4-
rushed to the spot and they had handed over his custody to the police.
When the police questioned the respondent so as to confirm the claim of
said Shanavas, she had openly admitted that as per her consent said
person came here and they have decided to live together and nobody has
any right to prevent them from doing so.

25. That thereafter also the respondent continued her residence in the
petitioners house on 11.07.2019 in the night she had consumed sanitary
washing lotion and committed a suicide attempt. Then she had take to
Medical College Hospital, Alappuzha by the relatives of me and was
admitted there as an inpatient. The matter was duly intimated to police
Authorities then and there itself. The police officers visited the
respondent and had taken her statement. Further the Pink Police
Authorities also visited the respondent in the MCH and recorded her
statement.

26. That after discharging from the Medical College Hospital the respondent
has left the place and had gone to her parents. But according to the
information of me, now the respondent is with the said Shanavas and
they are living together. The said Shanavas is a highly influential person
 and he is having criminal antecedents. Now I came to know from reliable
source that the respondent and the said Shanavas are taking hasty steps
to take the illegal custody of the minor children. The intention of the
respondent and the said Shanavas is to bargain with me, since she is
totally aware about my love and affection towards the children.

27. That the respondent has no authority to take the minor children into her
custody. She is a person leading an adulterous life with a man who is
having a wife and three daughters. The respondent is a person who is
shameful to the entire human community. If she is allowed to take
custody of the children, it will be harmful to the children, also.

28. I understands that bringing up children is a commitment. As all human

beings aspire to have ideal children, so do my aspire. Right from the time
the birth of both the children, I have specially
……..5

-5-
concentrated on shaping and molding the children in an ideal manner. I
am capable to create a suitable environment for the children which is full
of love, respect, knowledge and values so that the child grow according to
their capabilities.

29. That I, being the father of the minor children, is entitled to the custody of
the minors. There is no reason whatsoever to disqualify me from being
the guardian of the minors. I am fit and proper person to be appointed as
the guardian of the minors. I have a decent income and can properly look
after the welfare of the children. It is only in the best of interest and
welfare of the children that the custody of the person of the minors is
declared in favour of me. I am the natural guardian of the children,
being its father, and as such has every right to be the guardian of the
persons of the minors and is entitled to continue the custody of the
children.

30. Therefore, in the circumstances, I entitled to be declared as the guardian

of the minor children and the custody of the minor children is to be
continued with me. This Hon’ble Court also ought to order the
respondent not to take away the children from their present residence. If
the respondent and her henchmen are allowed to take the custody of the
minor children it will cause irreparable injury to me and the minor
children. Hence it is highly necessary for the interest of justice to pass an
 Order of Interim Maintenance restraining the respondent from taking the
custody of the children without the permission of this Hon’ble Court from
their present residence till the disposal of the suit.

Hence the petition filing here with may please be allowed.

All the statements made above are true and correct

Deponent: Noushad

BEFORE THE HONOURABLE FAMILY COURT, MAVELIKARA

(In the matter of the person of the minors,
Master Ameen Noushad & Master Azfer Noushad)

O. P. (G & W) No. /2019

I.A No /2019

Petitioner : Noushad, aged 44 years

S/o Basheer
Thaichirayil
Panoor
Pallana P.O
Thrikkunnapuzha Village
Karthikappally Taluk.

Respondent : S.Reena, aged 40 years

D/o Sirajudeen
S.S Manzil
Neelikulam
Vavvakkavu
Karunagappally

Now in the address

Kalloozhiyil
Chandanathoppu P.O
Keralapuram
Kollam District

PETITION FILED UNDER SECTION 25 OF THE G&W ACT

AND SECTION 151 OF CPC
For the reason stated in the accompanying affidavit it is humbly prayed that
this Hon’ble Court may be pleased to pass an order restraining the respondent
from taking the custody of minor children named Ameen Noushad and Azfer
Noushad from their present residence without the permission of this Hon’ble
Court till the disposal of the Original Petition.

T.O Naushad
&
Regi V. George
Advocates

BEFORE THE HONOURABLE FAMILY COURT, MAVELIKARA

(In the matter of the person of the minors,
Master Ameen Noushad & Master Azfer Noushad)

O. P. (G & W) No. /2019

Between

Noushad : Petitioner

And

S.Reena : Respondent

AFFIDAVIT

I Noushad, aged 44 years, S/o Basheer, Thaichirayil, Panoor, Pallana P.O,

Thrikkunnapuzha Village, Karthikappally Taluk do hereby solemnly affirm and
state as follows:-

04. That I am the petitioner in the above numbered Original Petition.

05. That I have instituted the Original Petition for declaring me as the
guardian of minor children he above named Ameen Noushad, boy, is
minor, of 6 years and Afzer Noushad, boy, minor, of 9 years respectively
having been born on 20th May 2013 and 28th April 2010 by religion
Muslims, and ordinarily reside within the jurisdiction of this Hon’ble
court.

06. That along with the Original Petition I have filed photo copies of the birth
certificates of my minor children. The original of the same are with the
respondent.
 07. That it is highly necessary for the interest of justice to accept the copies
of the document I had filed along with the Original Petition and to act
upon the same. I shall produce the certified copies of the same without
any delay.

Hence the petition filing along with may please be allowed.

All the statements made above are true and correct

Deponent: Noushad

BEFORE THE HONOURABLE FAMILY COURT, MAVELIKARA

(In the matter of the person of the minors,
Master Ameen Noushad & Master Azfer Noushad)

O. P. (G & W) No. /2019

I.A No /2019

Petitioner : Noushad, aged 44 years

S/o Basheer
Thaichirayil
Panoor
Pallana P.O
Thrikkunnapuzha Village
Karthikappally Taluk.

Respondent : S.Reena, aged 40 years

D/o Sirajudeen
S.S Manzil
Neelikulam
Vavvakkavu
Karunagappally

Now in the address

Kalloozhiyil
Chandanathoppu P.O
Keralapuram
Kollam District

APPLICATION FILED UNDER SECTION 151 OF CPC

For the reason stated in the accompanying affidavit it is humbly prayed that
this Hon’ble court may be pleased to accept and act upon the photocopies of
the birth certificates filed along with the Original Petition.
 Dated this the day of July 2019

T.O Naushad
&
Regi V. George
Advocates

BEFORE THE HONOURABLE FAMILY COURT, ALAPPUZHA

(In the matter of the person of the minors,
Miss Mishal Abdul Salam & Master Maneesh Abdul Salam)

O. P. (G & W) No. /2011

Between
Mony Abdul Kalam : Petitioner
and
Niza N.M. & others : Respondents

AFFIDAVIT

I, Mony Abdul Kalam, S/o Abdul Salam, aged 48 years, Puthumangalathu Puthen Veedu,
Punnamoodu, Ponakom Muri, Thekkekara Village, Mavelikara P.O., Mavelikara Taluk, Alappuzha
District do hereby solemnly affirm and swear as follows:

1. I am the petitioner in the above O.P and hence conversant with the facts of the case.

2. The petition is filed by the petitioner to be declared as the guardian of the person of the minors and
to get custody of the same.

3. The averments in the petition may be read as part of this affidavit.

4. The above named Mishal Abdul Salam, girl, & Maneesh Abdul Salam, boy, are minors, of the age
12 years and 10 years respectively having been born on 06/10/1999 and 11/02/2001 respectively
and by religion Muslims, and ordinarily reside at Puthumangalathu Puthen Veedu, Punnamoodu,
 Ponakom Muri, Thekkekara Village, Mavelikara P.O., Mavelikara Taluk, Alappuzha District, but is
now in illegal custody of the respondents 2 to 5 above named from 18/12/2011, having been
removed from the jurisdiction of this Hon’ble Court, without the permission and consent of the
petitioner, who is their natural guardian and their present whereabouts are not known. The birth
certificates of the minors shall be produced latter.

5. The petition is filed by the petitioner to be declared as the guardian of the person of the aforesaid
minors and to get custody of the same.

6. The petitioner is the husband of first respondent. The second and fourth respondents are the
sisters of the first respondent. The third respondent is the husband of the second respondent. The
marriage between the petitioner and the first respondent took place on 10/08/1997 as per the
religious rites and ceremonies prevailing in the Muslim community. Even before marriage, the
petitioner was employed abroad. Prior to the marriage, on the promise of a better job by the brother
of the first respondent, the petitioner had left his job only to be left in the lurch after marriage by his
brother-in-law. Fortuitously, the petitioner obtained a new job and was able to take the first
respondent also to Sharjah.

7. Till 16/07/2002, they continued their peaceful family life at Sharjah. The two children were born in
the wedlock at Sharjah. The petitioner had to come back to Kerala as his visa expired. The first
respondent remained in Sharjah and sent the children along with the petitioner as she said that she
will not be able to look after the children.

Petitioner :
…..2

-2-
8. After reaching Kerala, the children were admitted to schools in Kerala. The petitioner decided to
remain in Kerala and started a small business at Mavelikara. He is running a aquarium and a tea
shop. The children are looked after by the petitioner, his mother, aged 75 years and a servant.

9. During September, 2002, the first respondent came to Kerala on leave. The petitioner found that
the first respondent had undergone a change in character. The first respondent started getting
irritated and vengeful on trivial issues. On one silly pretext or other, she used to pick quarrels with
the petitioner. She used to pick quarrels with her neighbours also. The petitioner took the quarrels
and tantrums of the first respondent in his stride.

10. In the meanwhile, the first respondent along with the children left for her maternal home. Under the
instigation of her relatives, the first respondent, without any rhyme or reason, filed a criminal case
on 12/10/2002 as Crime No. 431/2002 under Section 498A and 379, IPC in the Mavelikara Police
Station. The charge was laid before the Judicial First Class Magistrate Court, Mavelikara on
07/02/2005 and was taken on file as C.C. No.196/2005 on 15/02/2005. The relatives of the first
respondent, including the respondents herein also attempted to depict the petitioner as a mad man.

11. In the meanwhile, the first respondent left for gulf in October, 2002 leaving behind the children,
aged 3 years and 1 year respectively in the hands of her near relatives. As the petitioner was
denied access and company to his children by the first respondent and her near relatives and the
whereabouts of the first respondent and the children were also not made known to the petitioner,
he filed habeas corpus petition as O.P.No.28977/2002 before the Hon’ble High Court. The Hon’ble
High Court made it clear that the petitioner could visit the children at the place where they were
staying. It further directed the petitioner to approach the Family Court for further orders.
Consequently he filed O.P. (G&W) No.351/2002 for getting the custody of the children
permanently. After about 1 year, the relatives of the first respondent declined to look after the
children. It is also submitted that the children were not properly looked after by the relatives of the
first respondent. The first respondent understood her folly and sought for forgiveness for all the
harm caused to the petitioner and the children and the children were handed over to the petitioner
and his mother. Ever since then the children are being looked after by the petitioner and his mother
as aforestated. Thereafter, the petitioner did not pursue the afore said petition filed under the
Guardian and Wards Act. In C.C. No.196/2005, the first respondent deposed before the court that
 the petitioner had not treated her cruelly and the reason given by her for filing the complaint was
due to family quarrels between them. The petitioner was acquitted by the Judicial First Class
Magistrate Court, Mavelikara by judgment dated 24/11/2005. True copy of the judgment is
produced herewith. The first respondent also confessed to the petitioner that she had filed the false
case on the instigation of her relatives.

12. In 2004, the elder child, the daughter of the petitioner was admitted by the petitioner in 7 th Day
Adventist School, Mavelikara in UKG. In 2005, the younger child was also admitted to LKG class in
the same school. 7th Day Adventist School had Central Syllabus only upto Standard IV. After
Standard IV, the school had only Kerala Syllabus. With the avowed yearning to give good and
standard education so that his daughter could be able to compete with others on an all India level,
the petitioner transferred his daughter, Mishal Abdul Salam in 2009 to Vidyadhiraja Vidyapeedom
Central School, Mavelikara in Standard V. The said school has a Central Syllabus. The younger
child, Maneesh Abdul Salam, was also shifted from 7th Day Adventist School to Vidyadhiraja
Vidyapeedom Central School, Mavelikara in 2010 and admitted in Standard IV.

Petitioner :
…..3

-3-

13. The needs of the children are being personally looked after and cared for by the petitioner. The
school is situated about 1 km from their residence. Every day, the petitioner personally takes the
children to school in the morning either in his car or motorcycle. In the evening, the petitioner
personally picks up his children from school. Thereafter, he drops them for private tuition with a
teacher about ½ km from his children about 7 pm everyday and picks them up at 9 pm. Due to the
care and love given by the petitioner and his mother, the children study properly and are the
brightest students in their respective classes. The children are also personally coached by the
petitioner. The petitioner gives personal attention to the children and as such they are growing up
as very meritorious students. They secure highest marks in the exams. As the children are
properly groomed by the petitioner, they are good in extracurricular activities also. They have been
awarded many prizes and certificates of merit. These certificates are produced herewith.

14. The petitioner understands that bringing up a child is a commitment. As all human beings aspire to
have ideal children, so do the petitioner aspire. Right from the time the children came into the
custody of the petitioner in 2003, he has specially concentrated on shaping and moulding the
children in an ideal manner. The petitioner has consciously created a suitable environment for the
children which is full of love, respect, knowledge and values so that the children grow according to
their capabilities. The children are growing in a congenial atmosphere and they are surrounded by
many people, including teachers, friends and relatives, other than the petitioner, whose behaviours
and personalities too are influencing the children to grow up. The petitioner is providing space and
freedom to the children to help them learn and recognise their skills. Thus, even in the absence of
the first respondent, their mother, the petitioner, his relatives, friends and teachers of the children
have worked in cooperation to build a suitable environment around the children that goes a long
way in their proper upbringing.

15. All these years, when the children were being looked after by the petitioner, the first respondent
was in Gulf. Several times, the petitioner had requested the first respondent to come back from
Gulf. But the first respondent was reluctant to come back. She used to come occasionally on leave.
On October 29, 2011, the first respondent came on leave as usual. However, she kept aloof from
him for reasons best known to her. On 09/12/2011, the first respondent said that she was going to
the fourth respondent’s house for a couple of days. However, when the petitioner went to the fourth
respondent’s house to pick up his wife, to his surprise, he found that the first respondent had not
come to the fourth respondent’s house. On 12/12/2011, the first respondent came back to the
home of the petitioner. When the petitioner confronted her as to where she had gone, she
confessed that she had not been faithful to the petitioner and that she had to meet some people
and that she had to face some problems. She did not explain to the petitioner the factual situation.
But she promised to the petitioner to behave properly and to be faithful to the petitioner from that
 moment. As such, for the welfare of the children, the petitioner condoned the indiscretions of the
first respondent and they started leading a normal life. In the meanwhile, some relative of the first
respondent made a complaint to the Chief Minister that the petitioner was torturing the first
respondent. The petitioner and first respondent together were called to the police station on
18/12/2011. As the petitioner had to go to the police station, he could not take the children to the
school that day. At the police station the respondents 2 to 5 and some other relatives instigated the
first respondent and influenced the police to register a false case against the petitioner. They got
the petitioner trapped and he had to undergo police and judicial custody till 23/12/2011. He did not
have an opportunity to move for an anticipatory bail. During the time when the petitioner was in
judicial custody or thereafter, the first respondent left for gulf. The petitioner is not actually aware
when the first respondent left for gulf. Probably, at the instigation of the first respondent, on
19/12/2011, the respondents 2 to 5 and some goondas

Petitioner :
…..4
-4-

trespassed into the property of the petitioner and forcibly entered his house and ransacked the
house and forcibly took the children away. As a result, the children were not able to attend school
till 23/12/2011, the date on which their Christmas vacation commenced. They also stole
Rs.20,500/- kept in the house. After coming out of judicial custody, the petitioner preferred a
complaint before the police in respect of the trespass, dacoity and abduction of the minor children.
It is learnt that the police, on the influence of the respondents 2 to 5 have not cared to even register
a case against them. Therefore, the petitioner is intending to take appropriate legal steps in the
matter.

16. The respondents 2 to 5 have no manner of right to illegally detain the children in their custody.
They have no right to take away the children from the legal custody of their natural guardian. The
children don’t know these relatives and ever since 2003, the children have not seen them or
interacted with them. The studies of the children cannot be disrupted by them. The classes of the
children start on 03/01/2012 after the Christmas vacation.

17. The petitioner, being the father of the minor children, is entitled to the custody of the minors. There
is no reason whatsoever to disqualify the petitioner from being the guardian of the minors. The
petitioner is fit and proper person to be appointed as the guardian of the minor. The petitioner is
having a decent income and can properly look after the welfare of the children. The place where
the children may now be in illegal custody is not conducive for the welfare of the children. It is only
in the best of interest and welfare of the children that the custody of the person of the minors is
given to the petitioner. The petitioner is the natural guardian of the children, being its father, and as
such has every right to be the guardian of the persons of the minors and is entitled to get custody
of the children immediately.

18. Now, it is reliably learnt that the first respondent with the help of the other respondents herein may
attempt to remove the minors to gulf countries. If the minors are removed abroad, it will be
detrimental to their welfare. Therefore, instructions may be given to the Airport Authorities at
Thiruvananthapuram, Kochi and Kozhikode international airports to give out lookout notices and
prevent the wards to be taken out of India. The Airport Authority of India may also be directed to
give necessary instructions to all airports in India.

19. Therefore, in the circumstances of the case, in the interest of justice and in the interest and welfare
of the children, it is highly necessary to direct the Airport Authorities at Thiruvananthapuram, Kochi
and Kozhikode international airports to give out lookout notices and prevent the wards to be taken
out of India and further direct the Airport Authority of India to give necessary instructions to all
airports in India to prevent the minor children to be taken abroad.

What all stated above are true and correct to the best of my knowledge, information and
belief.
 Mony Abdul Kalam

Solemnly affirmed and signed by the deponent before me at my office at Alappuzha on this
the day of December 2011.

T.O.Naushad
Advocate

BEFORE THE HONOURABLE FAMILY COURT, ALAPPUZHA

(In the matter of the person of the minors
Miss Mishal Abdul Salam & Master Maneesh Abdul Salam)

I. A No. /2011
IN
O. P. (G & W) /2011

Between
Petitioner
Mony Abdul Kalam, S/o Abdul Salam, aged 48 years, Puthumangalathu Puthen Veedu,
Punnamoodu, Ponakom Muri, Thekkekara Village, Mavelikara P.O., Mavelikara Taluk, Alappuzha
District

and
Respondents:
1) Niza N.M., D/o Nasirudeen, aged 38 years, Kizhakkebhagom, Thekkumbhagom, Paravur,
Kollam District.

2) Baby, aged 52 years, W/o Abdul Rahman, Raiza Jewellery, Edayanambalam, Ochira, Kollam
District

3) Abdul Rahman, Raiza Jewellery, Edayanambalam, Ochira, Kollam District

4) Naseem, aged 42 years, W/o Faizal, Kabeer Manzil, Manayil Kulangara, House No.62,
Thirumullavaram P.O., Kollam – 12

5) Naushad, Kizhakkebhagom, Thekkumbhagom, Paravur, Kollam District

APPLICATION FILED UNDER THE GUARDIANS AND

WARDS ACT, 1890 TO DIRECT THE AIRPORT AUTHORITIES

For the reasons stated in the accompanying affidavit this Hon'ble court may be pleased to direct
the Airport Authorities at Thiruvananthapuram, Kochi and Kozhikode international airports to give
out lookout notices and prevent the wards to be taken out of India and further direct the Airport
Authority of India to give necessary instructions to all airports in India to prevent the minor children
to be taken abroad.

Dated this the day of December 2011

Mony Abdul Kalam

Petitioner

BEFORE THE HON'BLE FAMILY COURT,

ALAPPUZHA

I. A. No. /2011
in
O. P.(G & W) No. /2011
(In the matter of the person of the minors, Miss
Mishal Abdul Salam
&
Master Maneesh Abdul Salam)

Between

Petitioner:
Mony Abdul Kalam
and

Respondent:
Niza N.M. & 4 others

APPLICATION FILED UNDER THE

GUARDIANS AND WARDS ACT, 1890 TO
DIRECT THE AIRPORT AUTHORITIES

Presented by:

Mony Abdul Kalam

Petitioner