Holding that while the interim original petition lacks jurisdiction, the respondent-wife's execution proceedings must stay pending resolution of applications setting aside the ex parte decree.
Stay of all further proceedings in E.P.No.29/13 for four weeks; Family Court to dispose of applications to set aside ex parte decree 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 HARUN-UL-RASHID & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 14TH DAY OF MARCH 2014/23RD PHALGUNA, 1935
OP (FC).No. 130 of 2014 (R)
---------------------------(E.P.NO.29/13 IN O.P.NO.439/2011 BEFORE FAMILY COURT, MAVELIKKARA.)
PETITIONER(S)/PETITIONER:
N.K.HANEEZ, AGED 40 YEARS, SAGIMANGALAM HOUSE, KAITHAVANA PALLICKAL, ELIPPAKULAM KARA, KATTANAM, MAVELIKKARA.
BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL
RESPONDENT(S)/RESPONDENT:
LOVELY LATHEEF, D/O.LATHEEF, PANAKADAVIL HOUSE, MANGALLOOR, KURUVAMOOZHY, ERUMELY VAZHY, PIN 680 001.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 14-032014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.F.C.NO.130/14.
APPENDIX
PETITIONER(S)' EXHIBITS:
sdk+
///True copy///
P.A. to Judge
HARUN-UL-RASHID & ALEXANDER THOMAS, JJ.
==================
O.P(F.C) No.130 of 2014
==================
Dated this the 14th day of March, 2014
J U D G M E N T
HARUN-UL-RASHID, J.
The petitioner herein is the respondent in O.P.No.439/2011 on the file of the Family Court, Mavelikkara, filed by the wife for recovery of money and gold ornaments. The petitioner herein is the husband of the petitioner in the original petition. On 28th April, 2012 the Family Court passed a decree directing the respondent therein to return 100 sovereigns of gold ornaments or its equivalent value of Rs.21,00,000/- within one month and in default, it is ordered that the amount will carry interest at the rate of 9% till realisation. The court also directed the husband to return Rs.40,000/- and return the steel almirah or its equivalent value of Rs. 20,000/-. The petitioner, who is the 1st respondent remained ex parte. After disposal of the case, the petitioner filed I.A.Nos.69/2014 and 70/2014 for setting aside the ex parte decree and for condoning the delay in filing the application for setting aside the ex parte decree. The court below considered the delay petition. Exts.P2 and P3 are the copies of the I.As. Both
are pending consideration before the court below. In the meanwhile, the 1st respondent-wife filed execution petition before the Family Court, Mavelikkara and in the said proceedings, the property of the petitioner is put for sale. It is submitted that the case is posted for sale to be conducted on 19.3.2014. In the event of sale, it is submitted that Exts.P2 and P3 applications filed will become infructuous and the petitioner's valuable right to contest the matter on merits will also become meaningless. It is submitted that the petitioner happened to be declared as ex parte since he was unable to be present for giving evidence since he did not receive proper notice from the court.
to hear and dispose of Exts.P2 and P3 applications, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. The petitioner is at liberty to move the said court for appropriate interim reliefs including stay of all further proceedings in the execution petition. In the event of the petitioner filing necessary petition within a period of two weeks from today, the court below shall consider the same and pass orders within two weeks from the date of filing the petition. All further proceedings in E.P.No.29/2013 in O.P.No. 439/2011 shall be kept in abeyance by the Family Court, Mavelikkara for a period of four weeks.
Sd/HARUN-UL-RASHID, JUDGE
Sd/sdk+ ALEXANDER THOMAS , JUDGE
///True copy///
P.S. to Judge
2 issues framed by the court
Whether the family court should grant interim stay on execution proceedings pending consideration of applications to set aside ex parte decree.
Whether the family court should expedite hearing of applications to set aside ex parte decree.
2 provisions across 2 enactments
N.K.Haneez
Lovely Lathief
Harun-ul-Rashid
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
