The Full Bench dismissed this original petition filed to challenge the Family Court's order disallowing a joint trial of an original application and a maintenance case, finding no error in distinguishing the nature of evidence required for each.
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 A.M.SHAFFIQUE &
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
WEDNESDAY, THE 8TH DAY OF FEBRUARY 2017/19TH MAGHA, 1938
OP (FC).No. 367 of 2014 (R)
AGAINST THE ORDER/JUDGMENT IN I.A.NO.188/2014 IN OA 877/2013 of FAMILY COURT,KOZHIKODE DATED 26-05-2014
PETITIONER(S)/APPLICANT:
ALI SAHEER, S/O.HAMSAKOYA, RAHMATH MANZIL, KONAD P.O., WEST HILL, KACHERI AMSOM DESOM, KOZHIKODE TALUK & DISTRICT, REP. BY POWER OF ATTORNEY HOLDER JASMIN V.V., D/O.AHAMMADKOYA, MADAYIL, KARUNYAM, KIZHAKKUM MURI, KOZHIKODE TALUK.
BY ADVS.SRI.NIRMAL. S
SMT.VEENA HARI SRI.V.RAZAL RAHIMAN
RESPONDENT(S)/RESPONDENT:
FASEELATH @ FASEELA, D/O.RAZAK, SABREENA MANZIL, NORTH BEACH ROAD, KALATHIKUNNU AMSOM DESOM, PUTHIYA KADAVU, KOZHIKODE TALUK.
R1 BY ADV. SMT.P.A.REZIYA
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 08-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DG
OP (FC).No. 367 of 2014 (R)
APPENDIX
PETITIONER(S)' EXHIBITS:
P1: COPY OF THE POWER OF ATTORNEY.
P2: COPY OF CMP.136/2013 DATED 25.3.2013.
P6: COPY OF THE ORDER IN I.A.188/2014 IN O.A.877/2013 DATED 26.5.2014.
RESPONDENT(S)' EXHIBITS:
NIL
TRUE COPY
P.A.TO JUDGE
A.M.SHAFFIQUE & K.RAMAKRISHNAN, JJ.
O.P.(F.C).No.367 of 2014
Dated this the 8th day of February, 2017
J U D G M E N T
This original petition is filed challenging the order dated 26.05.2014 in I.A.No.188 of 2014 in O.A.No.877 of 2013, by which application for joint trial of two cases, the original application as well as C.M.P.No.136 of 2013 in M.C.No.100 of 2010 was disallowed by the Family Court.
Original petition is dismissed.
A.M.SHAFFIQUE, JUDGE
Sd/-
K.RAMAKRISHNAN, JUDGE
TRUE COPY
P.A.TO JUDGE
DG
1 issue framed by the court
Whether an original petition challenging the Family Court's refusal to order a joint trial of related original application and maintenance case warrants interference.
Ali Saheer
Faseelath @ Faseela
A.M. Shaffique
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
