High Court Kerala disposed of a contempt petition alleging non-compliance with a prior order directing a father to set apart land for a minor child, finding no contempt arose as failure to comply allowed the mother to seek a court sale.
Contempt petition closed.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937
Con.Case(C).No. 49 of 2014 (S)
Mat.Appeal 624/2007 of THIS HONOURABLE COURT
PETITIONER/PETITIONER :
SAJANI @ AHINA H. AGED 18 YEARS, D/O.NUSIBA BEEVI, VENGA VILA VEEDU, NELLIMOODU, KULATHUPUZHA, KOLLAM DISTRICT.
BY ADV. SRI.JOHNSON GOMEZ
RESPONDENT/RESPONDENT :
SAINUDEEN, AGED 53 YEARS, S/O.MOHAMMED HANEEFA, ROADUVILA VEEDU, KAITHODU P.O. NILAMEL VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT.
R1 BY ADV. SMT.MEREENA JOSEPH BY SRI.M.R.RAJESH
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 08-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
Con.Case(C).No. 49 of 2014 (S)
APPENDIX
PETITIONER'S ANNEXURES :
| ANNEXURE A1: | COPY OF THE JUDGMENT DT 30TH OCTOBER 2008 IN MAT APPEAL NO. 624/2017 PASSED BY THIS HON'BLE COURT. |
|---|---|
| ANNEXURE A2: | COPY OF THE ATTACHMENT REPORT FILED BYTHE AMEEN BEFORE THE FAMILY COURT KOLLAM IN IA NO. 1238 OF 1995 IN OA NO. 133 OF 1995. |
| ANNEXURE A3: | COPY OF THE ATTACHMENT ORDER AND THE SCHEDULE OF THE PROPERTY IN IA NO. 1238 OF 1995 IN OA NO. 133 OF 1995 ON THE FILE OF THE FAMILY COURT KOLLAM. |
| ANNEXURE A4: | COPY OF THE JUDGMENT DT 24TH JUNE 2013 IN OP(FC) NO. 2008 OF 2013 PASSED BY THIS HON'BLE COURT. |
| ANNEXURE A5: | COPY OF THE SALE DEED NO. 3486 OF 2012 EXECUTED BY THE RESPONDENT ON 17-09-2012. |
RESPONDENT'S ANNEXURES : NIL.
//TREU COPY//
P.S. TO JUDGE
bp
ASHOK BHUSHAN, CJ &
A.M. SHAFFIQUE, J.
================
Cont.Case (C) N0.49 of 2014 ==================
Dated this, the 8th day of June, 2015
J U D G M E N T
Ashok Bhushan, CJ
This contempt petition has been filed alleging non compliance of the directions in the judgment of this Court dated 30th of October, 2008 in Mat.Appeal No.624/2007. This Court in para 7 of the judgment passed the following order.
“7. We find that the court below has already passed an order of attachment over 60 cents of land belonging to the appellant as per IA No.1238/1995. That attachment will continue. In case the appellant is not complying with his commitment to set apart 30 cents of land in favour of the minor child within a period of 30 days from today, failing which the respondent is entitled to get the sale deed executed through court and this will be an executable order. In case the 30 cents of land is assigned in favour of the minor child either by the appellant or through court, as the case may be, there will not be any further liability on the part of the appellant to pay maintenance to the minor child.”
COC No.49/14
-:2:-
record.
COC No.49/14
-:3:-
has arisen on the part of the respondent on the basis of which we
can proceed in this contempt application.
Contempt petition is closed.
Sd/- ASHOK BHUSHAN, CHIEF JUSTICE
Sd/- A.M. SHAFFIQUE, JUDGE
Rp
//True Copy//
PS to Judge
SAJANI @ AHINA H.
SAINUDEEN
ASHOK BHUSHAN
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
