The petitioner challenged the lower court for skipping Section 89 CPC in a divorce suit. The High Court directed the lower court to earnestly attempt settlement through Section 89 mechanisms before proceeding to trial if unresolved.
Directed the lower court to take earnest efforts to settle the matter invoking Section 89 CPC before proceeding to trial.
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.RAMAKRISHNAN
MONDAY, THE 8TH DAY OF AUGUST 2016/17TH SRAVANA, 1938
OP(C).No. 1203 of 2016 ()
OS.NO. 1/2016 OF MUNSIFF COURT, ANDROTH ISLAND, LAKSHADEEP
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PETITIONER:
MUHAMMED ASHIQU,AGED 32 YEARS, S/O.ABDUL KHADER, PATTACKALKADU, EDASSERY PUTHIYA MANZIL, ANDROTH ISLAND, LAKSHADEEP.
BY ADV. SRI.P.P.BIJU
RESPONDENT:
SHABOOM FARSANA,AGED 25 YEARS, D/O.KASIMIKOYA, MUBEENA MANZIL,ANDROTH ISLAND, LAKSHADWEEP-682 551.
BY ADVS. SRI.R.ROHITH SRI.K.JANARDHANA SHENOY
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
OP(C).No. 1203 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.S.TO JUDGE
sts
K. RAMAKRISHNAN, J.
O.P.(C)No.1203 of 2016
....................................................... Dated this the 8th day of August, 2016.
JUDGMENT
This petition is filed by the petitioner seeking a direction to be issued to the court below not to dispose of OS.No.1/2016 of Munsiff Court, Androth Island, Lakshadeep without adverting to section 89 of the Code of Civil Procedure under Article 227 of the Constitution of India.
Being a matrimonial matter, the court below is directed to
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O.P.(C)No.1203 of 2016
take earnest effort to have settlement between the parties invoking section 89 of the Code of Civil Procedure and after exhausting those methods, if the matter could not be settled between the parties, the court below is at liberty to proceed with the trial of the case in accordance with law.
With the above directions and observations, this petition is disposed of. Office is directed to communicate a copy of the judgment to the court below at the earliest.
Sd/
K. RAMAKRISHNAN, JUDGE.
cl
2 issues framed by the court
Whether the High Court must direct the lower court to attempt settlement under Section 89 CPC in a divorce matter under Article 227.
Whether a matrimonial suit is incomplete without adhering to Section 89 provisions before proceeding to evidence.
2 provisions across 2 enactments
MUHAMMED ASHIQU
SHABOOM FARSANA
K. RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
