Dismissed

Siddique.K.K and Another v. Subhairat and Others

Kerala HC3 May 2011OP (FC)/1574/2011

Case brief

AI extract

What is this about?

Petitioners challenged the jurisdiction of the Family Court, Kozhikode to entertain an execution petition. The High Court held that since the contention was not raised before the court below, it could not be raised for the first time in this Original Petition and dismissed the petition.

What did the court decide?

Original Petition dismissed; petitioners denied leave to raise jurisdictional objection for the first time.

Siddique.K.K and Another Vs Subhairat and Others — Civil Procedure and Limitation | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS

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TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 OP (FC).No. 1574 of 2011(R) --------------------------AGAINST THE ORDER IN E.P.1/2011 IN OP.841/2007 of FAMILY COURT, MALAPPURAM

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PETITIONERS

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SIDDIQUE K.K., AGED 30 YEARS, S/O.SHAMSOO, SIDDIQUE HOUSE, THOTTAMKUNIPADAM, NALLALAM, KOZHIKODE DISTRICT.

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UMMAYYA KUTTY, AGED 58 YEARS, W/O.MOIDEEN KOYA, SIDDIQUE HOUSE, THOTTAMKUNIPADAM, NALLALAM, KOZHIKODE DISTRICT.

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BY ADV. SRI.K.MUHAMMED SALAHUDHEEN

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RESPONDENT(S): ---------------

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SUBHAIRAT, D/O.MARAKKARKUTTY, AGED 30, KARALIKKADAN KALATHINGAL VEEDU, POONKUDY, UGRAPURAM, AREEKODU, MALAPPURAM DISTRICT, PIN - 376 310.

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MOHAMMED IRSHAD, S/O.SIDDIQUE, KARALIKKADAN KALATHINGAL VEEDU, POONKUDY, UGRAPURAM, AREEKODU, MALAPPURAM DISTRICT, PIN - 376 310.

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MOHAMMED IRFAD, AGED 7 YEARS (MINOR) S/O.SIDDIQUE, KARALIKKADAN KALATHINGAL VEEDU, POONKUDY, UGRAPURAM, AREEKODU, MALAPPURAM DISTRICT, PIN - 376 310.

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IRFANA, AGED 5 YEARS (MINOR) S/O.SIDDIQUE, KARALIKKADAN KALATHINGAL VEEDU, POONKUDY, UGRAPURAM, AREEKODU, MALAPPURAM DISTRICT PIN - 376 310. (MINOR RESPONDENTS 2 TO 4 ARE REPRESENTED BY GUARDIAN MOTHER IST RESPONDENT IN THE COURT BELOW).

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.

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O.P.(FC) No.1574 of 2011

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Dated this the 3rd day of May, 2011

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JUDGMENT

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K.T.Sankaran, J.

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The petitioners have raised a contention in this Original Petition that the Family Court, Kozhikode has no jurisdiction to pass any order in E.P.No.1 of 2011 pending before it. It is stated that E.P.No.1 of 2011 is filed to execute the order in O.P.No.841 of 2007 on the file of the Family Court, Malappuram.

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The learned counsel for the petitioners submitted that Section 10 of the Family Courts Act, 1984 provides that the provisions of the Code of Civil Procedure shall apply to suits and proceedings pending before the Family Court. It is submitted that the decree was not transferred to the Family Court in accordance with law and therefore, the Family Court, Kozhikode has no jurisdiction at all to deal with the Execution Petition.

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The petitioners have not raised such a contention of lack of jurisdiction before the Family Court, Kozhikode. The Family Court, Kozhikode did not get an opportunity to decide that question. Before that, we do not think the petitioners should be permitted to raise such a contention for the first time in an Original Petition filed only for deciding that question. Reserving the right of the petitioners to raise the question of lack of jurisdiction before the Family Court, Kozhikode, the Original Petition is dismissed.

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K.T.SANKARAN, JUDGE

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M.L.JOSEPH FRANCIS, JUDGE

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csl

Siddique.K.K and Another v. Subhairat and Others

Case brief

What is this about?

What did the court decide?

Siddique.K.K and Another v. Subhairat and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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