Dismissed

Anziya Rahim v. Anish Mohammed

Kerala HC9 Oct 2018OP (FC)/454/2018

Case brief

AI extract

What is this about?

In a writ petition under Article 227 seeking directions to dispose of Family Court proceedings expeditiously, the High Court held that since the underlying case was already posted for trial and subject to a direction for early disposal, no further direction was warranted, and the petition was closed.

What did the court decide?

The original petition seeking a direction for expeditious disposal was closed.

Anziya Rahim Vs Anish Mohammed — Kerala HC (2018) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

¶4

¶5

THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

¶6

TUESDAY ,THE 09TH DAY OF OCTOBER 2018 / 17TH ASWINA, 1940

¶7

OP (FC).No. 454 of 2018

¶8

OP 450/2015 of FAMILY COURT, PATHANAMTHITTA

¶9

PETITIONER/PETITIONER:

¶10

ANZIYA RAHIM AGED 29 YEARS, W/O. ANISH MOHAMMED, THADATHIL HOUSE, CHATHANTHARA (PO), PATHANAMTHITTA DISTRICT.

¶11

BY ADVS. SRI.M.V.THAMBAN SMT.THARA THAMBAN SRI.ARUN BOSE SRI.B.BIPIN SRI.R.REJI

¶12

RESPONDENTS/RESPONDENTS:

¶13

1 ANISH MOHAMMED

¶14

AGED 38 YEARS, S/O. LATE KASIM K.S., KADAVUKARA HOUSE, PUNCHAVAYAL (P.O.), KOTTAYAM DISTRICT, PIN - 686513, ERUMELY VADAKKU VILLAGE, KANJIRAPALLY TALUK, KOTTAYAM DISTRICT.

¶15

2 SAFIYA KASIM AGED 55 YEARS, W/O. LATE KASIM K.S., RESIDING AT KADAVUKARA HOUSE, PUNCHAVAYAL (P.O.), PIN - 686513, ERUMELY VADAKKU VILLAGE, KANJIRAPALLY TALUK, KOTTAYAM DISTRICT.

¶16

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 09.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O.P.(FC) No.454/2018

JUDGMENT

C.K.Abdul Rehim, J

¶21

In this original petition instituted under Article 227 of the Constitution of India, the petitioner, who is the petitioner in O.P.No.450/2015 before the Family Court, Pathanamthitta, is seeking a direction to the Family Court to dispose of the said original petition on an expeditious basis, within a time frame to be fixed by this Court.

¶22

Subsequent to filing of the above original petition the petitioner had filed I.A.No.1/2018 seeking for an early posting of the case. In the affidavit filed in support of the said application it is stated that, O.P.No.450/2015 is now stand posted for trial along with M.C.No.117/2015. It is also pointed out by the learned counsel for the petitioner that, in another case filed by the petitioner along with her children before this court as O.P. (Crl) No.395/2018, this court had already directed the Family Court to dispose of M.C.No.117/2015 as expeditiously as possible, not later than six months from the date of receipt of a copy of the said judgment.

¶23

Since O.P.No.450/2015 now stands posted for trial

¶24

O.P.(FC) No.454/2018

¶25

¶26

along with M.C.No.117/2015, and since there is already a

¶27

direction issued for an early disposal of that case, no further direction is warranted from this Court.

¶28

Accordingly, the original petition is hereby closed.

¶29

(sd/-)

¶30

C.K.ABDUL REHIM, JUDGE

¶31

(sd/-)

¶32

R.NARAYANA PISHARADI, JUDGE

jsr

O.P.(FC) No.454/2018

APPENDIX

PETITIONER'S EXHIBITS:

¶38

EXHIBIT P1

¶39

TRUE COPY OF THE RELEVANT PAGES IN O.P.NO.450/2015 ON THE FILES OF THE HON'BLE FAMILY COURT, PATHANAMTHITTA.

¶40

RESPONDENTS' EXHIBITS : NIL

¶41

True copy

¶42

PS to Judge

Anziya Rahim v. Anish Mohammed

Case brief

What is this about?

What did the court decide?

Anziya Rahim v. Anish Mohammed

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anil Kumar G Vs Sindhu G R

Vikraman Nair Vs Aishwarya

Usman K.A Vs State of Kerala

Beena George Vs George Joseph

Dinolge Thomas Vs Superintendent of Police

Sheena Vs State of Kerala