Petitioner husband sought direction to Family Court to keep divorce petition in abeyance pending decision of wife's appeal on restitution of conjugal rights. High Court found no reason or jurisdictional error to hold up trial, dismissing the original petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933
OP (FC).No. 1308 of 2011(R) ------------------------------------OP.251/2010 of FAMILY COURT, KASARAGOD .................... PETITIONER (S): -----------------------
T.A.ABDUL RASHEED,AGED 36 YEARS, S/O.MUHAMMED KUNHI,RESIDING AT RAHEENA VILLA, THIRUVAKOLI,PALLIKKARA VILLAGE,HOSDURG TALUK, P.O.BAKEL,KASARAGOD DISTRICT.
BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA
RESPONDENT(S):
-----------------------SAINABA,D/O.MOURIABBA @ NASAR BASHA, RESIDING AT KUBER MANSION,UDAYANAR.P.O, MANJESHWAR,KASARAGOD DISTRICT-671319.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 06/04/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
O.P.(FC) No.1308 of 2011-R
Dated, this the 6th day of April, 2011
J U D G M E N T
K.M.Joseph, J.
This Original Petition is filed by the husband of the respondent for a direction to the Family Court, Kasargod to keep O.P.251/2010 in abeyance till Mat.Appeal 245 of 2008 is disposed of by this Court.
OPFC 1308/2011 -2-
and learned counsel for the respondent. It may be true that appeal is pending. But, we see no reason why we should hold up the trial of O.P.251/2010. We see no jurisdictional error as
such. Accordingly, we dismiss the Original Petition.
(K.M.JOSEPH) JUDGE.
(M.L.JOSEPH FRANCIS) JUDGE.
MS
2 issues framed by the court
Whether the pending appeal in Mat.Appeal 245 of 2008 justifies staying the trial of the divorce petition (O.P.251/2010).
Whether there was jurisdictional error in the Family Court proceeding with the divorce petition despite the pending appeal before this Court.
T.Abdul Rasheed
Sainaba
K.M.Joseph
M.L.Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
