Disposed

Safeela Beevi v. Muhammed Shafi and Others

Kerala HC13 Jul 2011OP (FC)/2209/2011

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of an original petition under Article 227. The petitioner sought direction to expedite her pending suit at the Family Court. The Court relegated her to file an appropriate application for expediting disposal.

What did the court decide?

Petitioner relegated to file an appropriate application before the Family Court for expediting disposal of the suit.

Safeela Beevi Vs Muhammed Shafi and Others — Matrimonial and Divorce | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN

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WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933

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OP (FC).No. 2209 of 2011(R) --------------------------OP.1135/2009 of FAMILY COURT,KOLLAM ....................

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PETITIONER/PETITIONER

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SAFEELA BEEVI, AGED 23 YEARS, D/O.ABDUL SALAM, VILAPPURATH HOUSE, VALATHUMCHERI, IRAVIPURAM VILLAGE, KOLLAM.

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BY ADV. SRI.N.K.MOHANLAL SRI.K.S.DILU CHAKRAVARTHI

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RESPONDENTS/RESPONDENTS

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MUHAMMED SHAFI, AGED 29 YEARS, S/O.MUHAMMED KUNJU, SHAFI MANZIL, PAMPURAMCHERI, KALLUVATHUKKAL, KOLLAM, PIN-691 578.

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MOHAMMED KUNJU, SHAFI MANZIL, PAMPURAMCHERI, KALLUVATHUKKAL, KOLLAM, PIN-691 578.

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FAJILA, W/O.MUHAMMED KUNJU, SHAFI MANZIL, PAMPURAMCHERI, KALLUVATHUKKAL, KOLLAM, PIN-691 578.

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX TO O.P(F.C.)NO.2209/2011

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PETITIONER'S EXHIBITS:

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EXT.P1: TRUE COPY OF O.P.1135/2009 OF HON'BLE FAMILY COURT, KOLLAM.

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// True Copy// PA to Judge

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THOTTATHIL B. RADHAKRISHNAN & N.K.BALAKRISHNAN, JJ.

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*** * * * * * * * * * * * * * * * * * * * * * * * O.P.(F.C).No.2209 of 2011**

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Dated this the 13^th day of July 2011

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J U D G M E N T

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Thottathil B.Radhakrishnan, J.

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This original petition is filed invoking Article 227 of the Constitution of India. The petitioner, who is the wife of the 1^st respondent, seeks a direction to the Family Court to expedite and dispose of Ext.P1 suit. On a query by us, we are told that she had also filed an application for divorce and an original petition under Article 227of the Constitution of India seeking disposal of that matter. We are told that the said original petition was ordered relegating the petitioner to the Family Court to seek relief or early disposal.

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Looking at Ext.P1, we find that the suit, from which original petition arises, is filed within a period of four months of delivering the first child of the couple which unfortunately was also sick and undergoing treatment, going by the various pleadings in paragraphs 7 and 8 of Ext.P1. We are told that the

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O.P.(F.C).No.2209/2011

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1^st respondent is in the police service. We feel that Ext.P1 may be a matter that has to be taken up for consideration along with the application for divorce.

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Leaving open all such issues, we relegate the petitioner to the Family Court to file appropriate application for expediting the disposal of Ext.P1. Such application will obtain sympathetic consideration at the hands of the Family Court also in view of the listing of the divorce petition between the petitioner and the 1^st respondent.

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(Sd/-)

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(THOTTATHIL B. RADHAKRISHNAN, JUDGE)

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(Sd/-)

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(N.K.BALAKRISHNAN, JUDGE)

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jsr

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// True Copy// PA to Judge

Safeela Beevi v. Muhammed Shafi and Others

Case brief

What is this about?

What did the court decide?

Safeela Beevi v. Muhammed Shafi 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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