The High Court, Ernakulam, disposed of an original petition seeking expedited disposal of a maintenance application filed with the Family Court, Palakkad, and authorized the lower court to grant interim maintenance.
Directing the Family Court to dispose of the maintenance petition expeditiously and permitting interim maintenance on request.
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.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 26TH DAY OF JULY 2021 / 4TH SRAVANA, 1943 OP (FC) NO. 366 OF 2021
AGAINST THE ORDER/JUDGMENT IN MC 21/2020 OF FAMILY COURT, PALAKKAD, PALAKKAD
PETITIONER/S:
FATHIMA AFREEN S., AGED 23 YEARS, W/O. FIROZ V.M., 14/555, BAITHUL SALAM, THEKKUMURI, KALLEPULLY POST, PALAKKAD TALUK, PALAKKAD DISTRICT-678 005.
BY ADV SAJEEV KUMAR K.GOPAL
RESPONDENT/S:
FIROZ V.M., AGED 29 YEARS, S/O.MOHAMMED BASHEER, VALIYAVEETTIL HOUSE, ERATTUPETTA, NADACKAL POST, KOTTAYAM DISTRICT, PIN-686 121.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 26.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC) NO.366 OF 2021 2
JUDGMENT
A.Muhamed Mustaque, J.
The petitioner approached this Court for speedy disposal of M.C.No.21/2020 on the file of the Family Court, Palakkad. The petitioner filed the above case for maintenance. The petitioner submitted that she has no other source of income and there is no one to support her.
In the light of the facts and circumstances, we are of the view that the Family Court shall make all possible best efforts to dispose of the case as expeditiously as possible, strictly adhering to the general guidelines issued by the Division Bench of this Court in O.P.(FC) No.352/2020 and connected cases dated 23.3.2021. It is also open for the Family Court to pass an order for interim maintenance pending this matter if such request is made on the side of the petitioner.
With the above observations and directions, the Original Petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/-
DR. KAUSER EDAPPAGATH, JUDGE
ln
OP (FC) NO.366 OF 2021 3
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1
TRUE COPY OF THE PETITION FILED BY THE PETITIONER, M.C.NO.21/2020 OF THE FAMILY COURT, PALAKKAD
2 issues framed by the court
Whether to direct the Family Court to dispose of the maintenance petition expeditiously.
Whether to permit an order for interim maintenance pending disposal.
Fathima Afreen S.
Firoz V.M.
A.Muhamed Mustaque
Dr. Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
