High Court of KeralaOP (FC)/66/2015dismissed

Jameela v. Irshad Ali

2015-03-11Honourable Mr. Justice P.D.Rajan,Honourable Mr.Justice V.K.Mohanan7 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.K.MOHANAN & THE HONOURABLE MR. JUSTICE P.D.RAJAN WEDNESDAY, THE 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 OP (FC).No. 66 of 2015 (R) --------------------------- I.A.NO.806/2015 IN GOP 357/2012 of FAMILY COURT, THRISSUR PETITIONER(S):

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1. JAMEELA AGED 54 YEARS W/O. PUTHUVEETTIL THOTTAPPIL SHAHU MANATHALA AMSOM DESOM, CHAVAKKAD TALUK, CHAVAKKAD PO THRISSUR680 506

2. SHABINA, D/O. PUTHUVEETTIL THOTTAPPIL SHAHU MANATHALA AMSOM DESOM, CHAVAKKAD TALUK, CHAVAKKAD PO THRISSUR680 506

3. SHAHINA, D/O.PUTHUVEETTIL THOTTAPPIL SHAHU MANATHALA AMSOM DESOM, CHAVAKKAD TALUK, CHAVAKKAD PO THRISSUR 680 506, NOW RESIDING IN U A E REP. BY HER POWER OF ATTORNEY HOLDER SHAHU PUTHUVEETTIL THOTTAPPIL HOUSE, MANATHALA AMSOM DESOM CHAVAKKAD PO, THRISSUR 680 506 BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S):

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1. IRSHAD ALI, AGED 33 YEARS MAMMSRAYILLATH ALI, PADOOR AMSOM, VENKITANGU VILLAGTE CHAVAKKAD TALUK, PADOOR PO, THRISSUR REP.BY HIS POWER OF ATTORNEY HOLDER SHEREEFA W/O. MAMMSRAYILLATH ALI, PADOOR DESOM,VENKITANGU VILLAGE CHAVAKKAD TALUK, PADOOR PO, THRISSUR 680001

2. SHEREEFA,, AGED 58 YEARS MAMMSRAYILLATH ALI, PADOOR VENKITANGU VILLAGE CHAVAKKAD TALUK, PADOOR PO, THRISSUR 680001 THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 11-03-2015:, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:, THE COURT ON THE SAME DAY DELIVERED THE

OP (FC).No. 66 of 2015 (R) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------- EXT.P1: A TRUE COPY OF THE GO P NO.357 OF 2012 DATED 13.2.2012 ON THE FILE OF THE FAMILY COURT, THRISSUR EXT.P2: A TRUE COPY OF THE IA NO. 806 IF 2015 IN GO P NO. 357 OF 2012 DATED 21.2.2015 ON THE FILE OF THE FAMLY COURT,THRISSUR EXT.P3: A TRUE COPY OF THE JUDGMENT IN WPC NO.740 OF 2012 DATED 21.5.2012 OF THIS HONOURABLE COURT.

EXT.P4: A TRUE COPY OF THE APPLICATION AS IA NO.NO.1203 OF 2013 IN EXT.P1 AND OTHER PROCEEDINGS DATED 07.2.2015 BEFORE THE FAMILY COURT, THRISSUR RESPONDENT(S)' EXHIBITS ------------------------:

NIL.

TRUE COPY PA TO JUDGE.

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V.K. MOHANAN & P.D. RAJAN, JJ.

------------------------------------------- O.P.(FC)No. 66 of 2015 ---------------------------------------------- Dated this the 11th day of March, 2015

JUDGMENT

V.K.Mohanan,J.

The petitioners herein are the respondents in G.O.P.No.357/2012 on the file of the Family Court, Thrissur and they were set ex parte. Present grievance projected by the petitioners is that though they have filed an application i.e, I.A.No.806/2015, which is marked as Ext.P2, to set aside the ex parte order, the Court below is going to record ex parte evidence. Therefore, it is prayed to issue an appropriate writ order or direction commanding the Family Court, Thrissur to consider Ext.P2 and to determine the same within specified time limit and only thereafter to proceed further in the proceedings in Ext.P1.

Heard the learned counsel for the petitioner. 3.

When the above O.P.(FC) came up for consideration, by order dated 25.2.2015, we sought for a report from the Presiding Officer of the Family Court, Thrissur about the allegations raised in the above O.P.(FC) and particularly directed to report as to why Ext.P2, i.e., I.A.No.806/2015 is not considered. Consequently, it is reported that the above I.A was filed only on 21.2.2015 and at the request of the petitioners in the main matter, i.e, the respondents in the above I.A. posted the matter for counter and hearing for the respondents on 24.3.2015. So, the above I.A. stands posted on 24.3.2015 for the counter of the respondents therein. Without going through the Court proceedings, the present O.P.(FC) is filed stating that while Ext.P2 petition is pending, the Court is taking hasty steps to record the ex parte

evidence.

The above allegation and apprehension are baseless, in view of the report of the Presiding Officer of the Family Court, Thrissur. Thus, we find absolutely no merit in this O.P.(FC) and accordingly, the same stands dismissed. V.K. MOHANAN, JUDGE.

P.D. RAJAN, JUDGE.

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