Disposed

Sibi, D/O.Ramla Beevi v. Shahul Hammed Shamsudeen

Kerala HC28 Nov 2012OP (FC)/3974/2012

Case brief

AI extract

What is this about?

The High Court directed the Family Court, Kottarakkara, to dispose of the petitioners pending maintenance, divorce, and money claim cases jointly within five months of the judgment date, prioritizing consistency with a separate High Court directive over a longer request.

What did the court decide?

Direction to the Family Court, Kottarakkara to try and dispose of M.C.No.150/2010, O.P.No.774/2009, and O.P.No.953/2011 jointly within five months from the judgment date.

Sibi, D/O.Ramla Beevi Vs Shahul Hammed… — Civil Procedure and Limitation | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE

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THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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WEDNESDAY, THE 28TH DAY OF NOVEMBER 2012/7TH AGRAHAYANA 1934

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OP (FC).No. 3974 of 2012 (R)

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M.C.150/10, OP.774/2009 & O.P.953/11 ALONG WITH O.P. 773/09 of FAMILY COURT, KOTTARAKKARA

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PETITIONER(S):

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SIBI, AGED 36 YEARS D/O. RAMLA BEEVI, RAZANA MANZIL (SINI MANGALAM), PERUMANNUR MURI, ARACKAL VILLAGE, PATHANAPURAM TALUK-691 306.

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BY ADV. SRI.A.AHZAR

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RESPONDENT(S):

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SHAHUL HAMMED SHAMSUDEEN S/O. SHAHUL HAMEED, KARIMBALOOR HOUSE PUNNALA VILLAGE, PATHANAPURAM TALUK-691 010.

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 28-112012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(F.C.)3974/12

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APPENDIX

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PETITIONER(S) EXHIBITS:

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EXHIBIT P1. TRUE COPY OF THE JUDGMENT IN O.P.(F.C.) NO.2908/2012 DATED 10.09.2012.

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EXHIBIT P2. TRUE COPY OF THE LETTER DATED 01.02.2012 OF NADUKKUNNU MUSLIM JAMA-ATH.

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EXHIBIT P3. TRUE COPY OF THE LETTER DATED 16.08.2010 OF THE THADICADU MUSLIM JAMA-ATH.

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EXHIBIT P4. TRUE COPY OF THE ORIGINAL PETITION NO.953/2011 FILED BEFORE THE HON'BLE FAMILY COURT, KOTTARAKKARA.

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EXHIBIT P5. TRUE COPY OF THE M.C.NO.150.2010 FILED BEFORE THE HON'BLE FAMILY COURT, KOTTARAKKARA.

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EXHIBIT P6. TRUE COPY OF THE ORIGINAL PETITION NO.774/2009 FILED BEFORE THE HON'BLE FAMILY COURT, KOTTARAKKARA.

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EXHIBIT P7. TRUE COPY OF THE RESTORATION PETITION DATED 14.11.2012 IN O.P.NO.585/2010.

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EXHIBIT P8. TRUE COPY OF THE AFFIDAVIT AND PETITION FILED BY THE RESPONDENT IN O.P.(G&W)NO.195/2011.

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RESPONDENTS' EXHIBITS:- NIL

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PIUS C. KURIAKOSE & BABU MATHEW P. JOSEPH, JJ.

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O.P.(F.C.) No.3974 of 2012

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Dated this the 28^th day of November, 2012

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Judgment

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Pius C. Kuriakose, J.

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On considering this Original Petition wherein the petitioner seeks a direction to the Family Court, Kottarakkara for an early disposal of M.C.No.150 of 2010, O.P.No.774 of 2009 and O.P.No.953 of 2011 along with O.P.No.773 of 2009, we directed the Registrar(Judicial) to contact the Presiding Officer of the Family Court, Kottarakkara and to get a report as to when the learned Judge of the Family Court is able to dispose of the cases. Accordingly, the Registrar(Judicial) submitted the following report:

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“As directed, contacted the Family Court, Kottarakkara. The learned Judge, after verification, informed that O.P.(F.C.) No.2908/2012, the Hon'ble High Court has directed the Family Court, Kottarakkara to dispose of O.P.No.773/2009 within four months from 24.9.2012. With a view to take up

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O.P.(F.C.) 3974/12 2

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this case for trial, O.P. was posted to 16.11.2012 for filing Chief affidavit. Since Chief affidavit was not filed, the case stands posted to 3.12.2012 for report.

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The learned Judge informed that M.C.No.150/2010 for maintenance, O.P.No.953/2011 for dissolution of marriage and O.P.No.774/09 for money claim can be tried along with O.P.No.773/2009. However, if joint trial is held, the Family Court will not be able to complete the trial before 24.1.2013. The learned Judge informed that the four cases can be tried and disposed of together if time granted is enlarged to six months from 3.12.2012.”

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According to the learned Judge, if all the four cases are to be jointly tried and disposed of together, time will have to be enlarged by six months from 3.12.2012. But we find that on the basis of Ext.P1 judgment in O.P.(F.C.) No.2908 of 2012 filed by the respondent herein, this court had already directed the Family Court, Kottarakkara to dispose of O.P.No.773 of 2009 within four months of receiving copy of judgment in that O.P. We don't want

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O.P.(F.C.) 3974/12

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to disturb the direction issued in Ext.P1 judgment. We direct the Judge of the Family Court, Kottarakkara to try the other three cases, i.e., M.C.No.150 of 2010, O.P.No.774 of 2009 and O.P.No.953 of 2011 jointly and dispose them of at the earliest and at any rate within five months from today.

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Communicate copy of this judgment to the Family Court, Kottarakkara at the earliest.

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PIUS C. KURIAKOSE, JUDGE.

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BABU MATHEW P. JOSEPH, JUDGE.

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srd

Sibi, D/O.Ramla Beevi v. Shahul Hammed Shamsudeen

Case brief

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Sibi, D/O.Ramla Beevi v. Shahul Hammed Shamsudeen

Case brief

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