The High Court disposed of a writ petition seeking mandamus to dispose of Family Court proceedings. It directed the lower court to decide a specific interim application within three months.
Directed the Family Court, Nedumangad to dispose of I.A. No.333 of 2012 at the earliest and within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
THURSDAY, THE 5TH DAY OF JULY 2012/14TH ASHADHA 1934 OP (FC).No. 1999 of 2012 (R) ---------------------------IA.NO.333/2012 IN OPGW.410/2012 of FAMILY COURT, NEDUMANGAD
PETITIONER:
SHAHIDA BEEVI, AGED 30 YEARS D/O. NABEESA BEEVI RESIDING AT AL-AMEEN MANZIL, PERUMALA VELLUMANNADI.P.O, VENJARAMOODY, THIRUVANANTHAPURAM.
BY ADV. SRI.M.DINESH
RESPONDENTS:
MAILAMOODU.P.O, PANGODE VILLAGE
NEDUMANGAD TALUK - 691 541.
O.P.(F.C.) 1999 OF 2012
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 : TRUE COPY OF FIR 178 OF 12 OF VENJARAMOODU POLICE STATION.
EXT.P6 :TRUE COPY OF THE COUNTER CLAIM PETITION FILED BY THE PETITIONER BEFORE THE FAMILY COURT, NEDUMANGAD
RESPONDENTS' EXHIBITS: NIL
// TRUE COPY //
K.T.SANKARAN & M.L.JOSEPH FRANCIS JJ.,
- - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(F.C.) No.1999 of 2012 R
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 5th day of July, 2012
JUDGMENT
K.T. Sankaran J.,
The first respondent filed O.P.(G&W) No.410 of 2012 before the Family Court, Nedumangad against the petitioner and others for a declaration that the first respondent (petitioner before the Family Court) is the guardian of minors, namely Al-Ameen and Rukkiyath and for granting permanent custody of the minors to him. There is also a prayer for a permanent prohibitory injunction restraining the respondents before the Family Court from forcibly taking the minors. It is stated that interim order was granted by the Family Court. The petitioner filed counter claim in O.P.(G&W) No.410 of 2012 and prayed for a decree to restore custody of the minor children to her. She also claimed maintenance from the husband.
O.P.(F.C.) No.1999 of 2012
:2:
O.P.(F.C.) No.1999 of 2012
:3:
Accordingly the Original Petition (F.C.) is disposed of
directing the Family Court, Nedumangad to dispose of I.A. No.333 of 2012 in O.P.(G. & W.) No.410 of 2012 at the earliest and at any rate within a period of three months. It is made clear that the parties would be entitled to pray for an interim relief before the
Family Court.
K.T. SANKARAN,
(JUDGE)
M. L. JOSEPH FRANCIS, (JUDGE)
dl/
1 issue framed by the court
Whether the writ petition directing disposal of Family Court application should be disposed of or remanded for specific directions.
1 provisions across 1 enactments
Shahida Beevi
Saifudeen
Nujumudheen
Ansari
Akbar
K.T. Sankaran
M.L. Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
