Ayisha v. Sulaiman
Case brief
What is this about?
This High Court set aside a Family Court interim order granting a mandatory injunction to vacate a property, deeming it in excess of the main petition's prayer. It directed the lower court to expedite the disposal of the petition within three months.
What did the court decide?
The Family Court order granting interim mandatory injunction to vacate was set aside; disposal of the original petition directed to be expedited within 3 months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
TUESDAY, THE 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937
OP (FC).No. 293 of 2014 (R)
IA.2308/2013 IN OP.1096/2013 OF THE FAMILY COURT, MALAPPURAM
PETITIONER(S):RESPONDENT/PETITIONER
AYISHA AGED 41 YEARS D/O.BEERANKUTTY, KOLATHIL NALAMKANDATHIL HOUSE PUTHUKKODE POST AZHINHILAM- VAZHAKKAD MALAPPURAM DISTRICT.
BY ADVS.SRI.K.P.SUDHEER
SRI.ARUN MATHEW VADAKKAN
RESPONDENT(S):PETITIONER/RESPONDENT
SULAIMAN
Issues for consideration
3 issues framed by the court
Whether the interim mandatory injunction directing the petitioner to vacate the property granted by the Family Court was in excess of the prayer in the main petition.
Whether the Family Court order restricting the petitioner from entering the shared household justified under the circumstances.
Whether the Family Court is directed to expedite the disposal of the original petition.
Parties & counsel
- petitioner
AYISHA
- respondent
SULAIMAN
Coram
C.K.ABDUL REHIM
Case details
As recorded by the court registry
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