Partly allowed

Dr.Shyla, v. Dr.Jaleel

Kerala HC12 Jul 2022OP (FC)/555/2021

Case brief

AI extract

What is this about?

The High Court allowed a petition to reopen evidence and examine witnesses in a Family Court writ matter concerning medical admission. The petition to examine the Managing Director of Kannur Medical College was declined as the payment was not through legal channels, but the original petition was allowed in other respects.

What did the court decide?

The application to reopen evidence and examine witnesses was allowed except for the Managing Director of Kannur Medical College. The original petition stands allowed in all other respects.

Dr.Shyla, Vs Dr.Jaleel — Writ and Judicial Review | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

¶5

THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

¶6

TUESDAY, THE 12^TH DAY OF JULY 2022 / 21ST ASHADHA, 1944

¶7

OP (FC) NO. 555 OF 2021

¶8

AGAINST THE ORDER/JUDGMENTIA 11/2021 IN OP(OTHERS) 34/2015 OF

¶9

FAMILY COURT, MAVELIKKARA

¶10

PETITIONER/S:

¶11

DR.SHYLA, AGED 38 YEARS D/O.SIRAJUDEEN, RESIDING AT THAJ MANSION, VALEL, KANNAMBALLY BHAGAM, KAYAMKULAM.

¶12

BY ADVS. S.JUSTUS S.SAJEEB PRAVEEN K.V

¶13

RESPONDENT/S:

¶14

1 DR.JALEEL, AGED 46 YEARS S/O.ABDULLA, RESIDING AT MUNNAKKA PARAMBIL, CHENDRAPPINI VILLAGE, CHENDRAPPINI P.O., KODUNGALLOOR, PIN-680 687.

¶15

2 SALAM, AGED 46 YEARS S/O.ABDULLA, RESIDING AT MUNNAKKA PARAMBIL, CHENDRAPPINI VILLAGE, CHENDRAPPINI P.O., KODUNGALLOOR, PIN-680 687.

¶16

3 HILAL, AGED 46 YEARS S/O.ABDULLA, RESIDING AT MUNNAKKA PARAMBIL, CHENDRAPPINI VILLAGE, CHENDRAPPINI P.O., KODUNGALLOOR, PIN-680 687.

¶17

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 12.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

OP (FC) NO. 555 OF 2021

¶19

-:2:-

¶20

J U D G M E N T

¶21

A.Muhamed Mustaque, J.

¶22

Though service is complete, none appears for the respondents. The petitioner herein is the petitioner in O.P.(Others).No.34/2015 on the file of the Family Court, Mavelikkara. The petitioner filed an application to reopen evidence and to examine certain witnesses. That application was declined by Ext.P4 order in I.A.No.11/2021 in O.P.(Others).No.34/2015. Accordingly, the petitioner approached this Court.

¶23

Having taken note of the request for examining the witnesses, we are of the view that the application can be allowed except examination of the Managing Director of the Kannur Medical College. This examination was sought on account of the fact that the petitioner's father, for securing admission for the petitioner to M.B.B.S course, had paid certain amount

¶24

OP (FC) NO. 555 OF 2021

¶25

-:3:-

¶26

to the Managing Director through the respondents herein. This is something that could be proved only if there is legal payment of any amount for obtaining such admission as well as through proper documents. We find no reason to examine the Managing Director of the Medical College, Kannur, for any payment made not through legal channel. We, therefore, decline that request. The original petition, in all other respects, stands allowed.

¶27

Sd/-

¶28

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

SOPHY THOMAS

JUDGE

OP (FC) NO. 555 OF 2021

¶35

-:4:-

¶36

APPENDIX OF OP (FC) 555/2021

¶37

PETITIONER EXHIBITS

¶38

Exhibit P1 TRUE COPY OF THE OP NO.34/2015 OF THE FAMILY COURT, MAVELIKKARA. Exhibit P2 TRUE COPY OF THE OBJECTION IN OP O.34/2015 OF THE FAMILY COURT, MAVELIKKARA. Exhibit P3 TRUE COPY OF THE IA NO.11/2021 IN OP NO.34/2015 OF THE FAMILY COURT, MAVELIKKARA. Exhibit P4 TRUE COPY OF THE ORDER DATED 16.10.2021 IN IA NO.11/2021 IN OP NO.34/2015 OF THE FAMILY COURT, MAVELIKKARA.

Dr.Shyla, v. Dr.Jaleel

Case brief

What is this about?

What did the court decide?

Dr.Shyla, v. Dr.Jaleel

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Marshal Mohammed Vs Sajina.a

Danish Varghese Vs Jancy Danish

Jansy K.J. Vs V.C. Rajendran

Shanly K.P, Vs Vinitha Prasannan

Mr. Ashish Padmanabhan, Vs Venugopal

Rani Vs Mathew M Desouza