Disposed

Thoufeeq v. Mufeeda

Kerala HC10 Sept 2018OP (FC)/508/2018

Case brief

AI extract

What is this about?

In a writ petition under Article 226 concerning multiple pending matrimonial cases, the Ernakulam High Court dispensed with notice. It directed the Family Court to immediately consider the petitioner's application for joint trial of connected petitions before proceeding with evidence in three other cases directed to be disposed of early.

What did the court decide?

Directed the Family Court to consider the petitioner's application for joint trial immediately before starting evidence in three connected cases.

Thoufeeq Vs Mufeeda — Matrimonial and Divorce | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

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THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

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MONDAY ,THE 10TH DAY OF SEPTEMBER 2018 / 19TH BHADRA, 1940

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OP (FC).No. 508 of 2018

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AGAINST THE ORDER/JUDGMENT IN OP 456/2018 of FAMILY COURT, TIRUR

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PETITIONER/:

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THOUFEEQ S/O. ABDURAHMAN, AGED 30 YEARS VATTIYAM VEETIL MUTTYERIYIL HOUSE, VAKKADU P.O., VETTAM VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT - 676 502

BY ADV. N.DEEPA

RESPONDENT/:

MUFEEDA

D/O. MUSTAFA, AGED 25 YEARS, CHAKKANTAKATH KAYYALAYIL HOUSE, PACHATTIRI P.O., PARIYAPURAM VILLAGE, MALAPPURAM DISTRICT - 676 105

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 10.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O.P.(FC) No. 508/2018

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JUDGMENT

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C.K. Abdul Rehim, J.

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In view of the limited relief sought for in this Original Petition which is filed under Article 226 of the Constitution of India and in view of the order proposed to be passed, issuance of notice to the respondent is dispensed with.

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2. It is submitted by the learned counsel for the petitioner that, there exists 4 cases pending between the parties in connection with their matrimonial disputes. It is also pointed out that the respondent had approached this Court seeking for an early disposal of O.P.Nos.558/2015, 104/2015 and MC No.384/2015. This Court passed Ext.P3 judgment in O.P.(FC)No.59/2018 directing for an early disposal of the above said 3 cases, within an outer limit of four months from the date of production of the copy of that judgment.

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3. According to the petitioner, while filing

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O.P.(FC) No. 508/2018

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O.P(FC)No.59/2018, before this Court, the respondent has not brought to notice of this Court that O.P.No.456/2018 filed by the petitioner herein is also pending. Now, the petitioner had filed I.A. No.1302/2018 before the Family Court seeking for a

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joint trial of O.P.456/2018 along with O.P.No.558/2015. It is pointed out that O.P. No.558/2015 is filed by the respondent/wife seeking dissolution of the marriage, whereas O.P.No.456/2015 is filed by the petitioner/husband seeking restitution of conjugal rights.

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4. According to learned counsel, If the above said two cases are not tried and disposed of together, that will seriously affect the rights and interests of the petitioner herein. Apprehension expressed is to the effect that, without considering I.A. 1302/2018, the Family Court may proceed with

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trial of the other 3 cases, based on Ext.P3 judgment of this Court.

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5. Prima facie, we find merit in the contention raised by the petitioner. But it is for the Family

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O.P.(FC) No. 508/2018

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court to consider the joint trial of application on merits and to take an appropriate decision. We are of the opinion that a direction to that effect will serve the ends of justice.

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6. Hence, the above O.P is hereby disposed of by directing the Family court, Tirur to consider I.A. No.1302/2018 filed in O.P.No.558/2015, immediately, before starting of the evidence in the 3 connected cases directed to be disposed of through Ext.P3 judgment.

Sd/-

C.K.ABDUL REHIM

JUDGE

Sd/-

R. NARAYANA PISHARADI

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JUDGE

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al/-++

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O.P.(FC) No. 508/2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PETITION, O.P.NO.456/2018 FILED BY THE PETITIONER, DATED 20.7.2018. EXHIBIT P2 TRUE COPY OF THE PETITION, O.P.NO.558/2015 FILED BY THE RESPONDENT, DATED 18.9.2015. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN OP(FC)NO.59/2018, DATED 14.8.2018.

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EXHIBIT P4 TRUE COPY OF THE APPLICATION, I.A.NO.1301/2018 IN O.P.NO.558/2015 FILED BY THE PETITIONER, DATED 4.9.2018.

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EXHIBIT P5 TRUE COPY OF THE APPLICATION I.A.NO.1302/2018 IN O.P.NO.558/2015 FILED BY THE PETITIONER, DATED 14.8.2018.

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RESPONDENT'S EXHIBITS ; NIL

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TRUE COPY

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P.S TO JUDGE

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al/-

Thoufeeq v. Mufeeda

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Thoufeeq v. Mufeeda

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