Allowed

Shabeerali v. Haneena Hussain C.P

Kerala HC23 Mar 2021OP (FC)/99/2020

Case brief

AI extract

What is this about?

This original petition challenged a Family Court order imposing a condition on the petitioner, residing abroad, to pay flight charges for physical presence for cross-examination. The High Court allowed the petition, relying on Supreme Court precedent, and set aside the condition, directing examination via video conference.

What did the court decide?

The condition in Ext.P9 order requiring the petitioner to pay half of flight charges for coming to India to tender evidence is hereby set aside.

Shabeerali Vs Haneena Hussain C.P — Matrimonial and Divorce | Kerala HC (2021)

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

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TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

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OP (FC).No.99 OF 2020

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AGAINST THE ORDER DATED 17.01.2020 IN IA.1856/2019 IN OP 484/2017 OF FAMILY COURT, MALAPPURAM

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PETITIONER:

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SHABEERALI AGED 33 YEARS

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S/O. MUHAMMED, 487,KANNANCHETH HOUSE, AMBALAPADI POST, KARULAI, NILAMBUR TALUK, MALAPPURAM DISTRICT, THROUGH POWER OF ATTORNEY HOLDER ASHRAF KANNANCHETH, S/O. MUHAMMED ,487, KANNANCHETH HOUSE, AMBALAPADI POST, KARULAI, NILAMBUR TALUK, MALAPPURAM DISTRICT

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BY ADV. SRI.E.C.AHAMED FAZIL

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RESPONDENTS:

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HANEENA HUSSAIN C.P, D/O HUSSAIN, CHOONDAMBATTA VEEDU, KARULAI POST, AMBALAPADI, MALAPPURAM DISTRICT-679 331

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THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P.(FC).No.99/2020

JUDGMENT

Dated this the 23^rd day of March 2021

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DR. KAUSER EDAPPAGATH, J

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In this original petition, the petitioner challenges Ext. P9 order passed by the Family Court, Malappuram.

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The petitioner herein was the respondent and the respondent herein was the petitioner before the Family Court. I.A.No.1856/2019 in O.P.No.484/2017 was filed by the respondent herein to recall the petitioner (RW1). The said petition was allowed as per Ext.P9 order on condition that, before proceeding to cross examine RW1, the petitioner shall pay half of the flight charges for coming from abroad to tender evidence. The petitioner is aggrieved by the imposition of the said condition.

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Heard both sides.

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The petitioner is employed at Saudi Arabia. It is

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not necessary that the petitioner should come down to India to tender evidence. Evidence can be adduced through video conference. The Supreme Court in State of Maharashtra v.

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O.P.(FC).No.99/2020

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Dr. Praful B. Desai [(2003) 4 SCC 601] has held that the evidence of witness can be made through video conference. Hence the condition imposed in Ext.P9 order is hereby set aside.

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The court below shall take steps to examine RW1 through video conference following the guidelines issued by the Supreme Court in Dr.Praful B. Desai (supra) and the Video Conferencing Rules approved by the Full Court of Kerala High Court (Yet to be notified by the Government).

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This O.P.(FC) is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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Sd/-

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DR. KAUSER EDAPPAGATH

True copy

JUDGE

P.A. To Judge

O.P.(FC).No.99/2020

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF COUNTER STATEMENT FILED BY RESPONDENT IN OP NO.484 OF 2017 ON THE FILES OF FAMILY COURT, MALAPPURAM EXHIBIT P2 TRUE COPY OF DEPOSITION OF PW (HANEENA) IN OP NO.484 OF 2017 ON THE FILES OF FAMILY COURT,MALAPPURAM EXHIBIT P3 TRUE COPY OF CHIEF AFFIDAVIT DATED 22.08.2019 SUBMITTED BY POWER OF ATTORNEY HOLDER OF RESPONDENT IN OP NO.484 OF 2017 ON THE FILES OF FAMILY COURT,MALAPPURAM EXHIBIT P4 TRUE COPY OF MEDICAL CERTIFICATE DATED 24.08.2019 ISSUED FROM ELAMKULAM HOSPITAL ,NILAMBUR EXHIBIT P5 TRUE COPY OF CHIEF AFFIDAVIT DATED 27.09.2019 SUBMITTED BY RESPONDENT IN OP NO.484 OF 2017 ON THE FILES OF FAMILY COURT,MALAPPURAM EXHIBIT P6 TRUE COPY OF IA NO.1394 OF 2019 OP NO.484 OF 2017 ON THE FILES OF FAMILY COURT,MALAPPURAM EXHIBIT P7 TRUE COPY OF AFFIDAVIT IN IA NO.1856 OF 2019 IN OP NO.484 OF 2017 ON THE FILES OF FAMILY COURT,MALAPPURAM EXHIBIT P8 TRUE COPY OF OBJECTION IN IA NO 1856 OF 2019 IN OP NO.484 OF 2017 ON THE FILES OF FAMILY COURT,MALAPPURAM EXHIBIT P9 TRUE COPY OF ORDER DATED 07.01.2020 IN IA NO.1856 OF 2019 IN OP NO.484 OF 2017 PASSED BY FAMILY COURT,MALAPPURAM EXHIBIT P10 TRUE COPY OF TESTIMONIAL ALONG WITH TRANSLATION (LEFT HAND SIDE) DATED 08.02.2020 ISSUED BY MAJEED SALEH MOHAMMED, WARSHAT, RIYADH, KONGDOM OF SAUDI ARABIA

Shabeerali v. Haneena Hussain C.P

Case brief

What is this about?

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Shabeerali v. Haneena Hussain C.P

Case brief

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