Jabeen Ihsan v. Noushima Basheer
Case brief
What is this about?
The High Court of Kerala dismissed a writ petition challenging Family Court orders denying the petitioner permission to withdraw a restitution of conjugal rights suit and file a fresh suit for nullity of marriage. Holding that nullity and restitution claims involve opposite subject matters, the Court found no jurisdictional error.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943 OP (FC) NO. 169 OF 2021
AGAINST THE ORDER IN IA 1297/2020 AND IA NO.1/2021 IN OP 1327/2018 OF FAMILY COURT,KOZHIKODE, PETITIONER/PETITIONER:
JABEEN IHSAN AGED 28 YEARS S/O. MUHAMMED ABDURAHIMAN, POLAYIL HOUSE, PARAMMAL, MAVOOR POST, KOZHIKODE 673 661 REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MUHAMMED ABDURAHIMAN, AGED 59 , S/O. HAMZA, KONNARE HOUSE, PARAMMAL, MAVOOR POST, KOZHIKODE 673 661 BY ADVS. K.M.FIROZ M.SHAJNA E.C.AHAMED FAZIL P.C.MUHAMMED NOUSHIQ
RESPONDENT/RESPONDENT:
NOUSHIMA BASHEER AGED 25 YEARS D/O. BASHEER, KAVIL VEEDU, WEST KODIYATHUR, KOZHIKODE 673 602 BY ADVS. SRI.E.A.HARIS SRI.M.A.AHAMMAD SAHEER
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 29.06.2021, THE COURT ON 02.07.2021 DELIVERED THE FOLLOWING:
Issues for consideration
3 issues framed by the court
Whether the High Court can invoke writ jurisdiction under Art.227 to set aside Family Court orders dismissing applications for withdrawal of suit with liberty to file fresh suit.
Whether a suit seeking nullity of marriage constitutes the same subject matter as a suit for restitution of conjugal rights for the purpose of withdrawing and filing a fresh suit.
Whether there are sufficient grounds to allow withdrawal of a restitution petition and filing a fresh suit for nullity of marriage under Order XXIII Rule 1(3) CPC.
Parties & counsel
- petitioner
JABEEN IHSAN AGED 28 YEARS
- respondent
NOUSHIMA BASHEER AGED 25 YEARS
Coram
A.MUHAMED MUSTAQUE
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court