Allowed

Ashitha K.S. v. Shefin Sherif

Kerala HC19 Oct 2022OP (FC)/590/2022

Case brief

AI extract

What is this about?

This writ petition under Article 226 sought a direction from the High Court to the Family Court to expeditiously dispose of an interlocutory application seeking recording of divorce by Khula, which had remained pending despite the petitioner having pronounced Khula.

What did the court decide?

Directed the Family Court to dispose of Ext.P7 application within two months from the date of certified copy of this judgment.

Ashitha K.S. Vs Shefin Sherif — Service and Employment | Kerala HC (2022)

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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 ANIL K.NARENDRAN &

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR WEDNESDAY, THE 19^TH DAY OF OCTOBER 2022/27TH ASWINA, 1944 O.P.(FC) NO. 590 OF 2022

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EXPEDITIOUS DISPOSAL OF I.A.NO.5274 OF 2022 IN O.P. (DIVORCE) NO.1420 OF 2020 OF THE FAMILY COURT, ERNAKULAM PETITIONER:

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ASHITHA K.S.

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AGED 33 YEARS, D/O SHANAVAS K.V. 4TH FLOOR, D-10, NIDHI APARTMENT, CHENGAMANAD VILLAGE, ALUVA TALUK,ERNAKULAM DISTRICT, PIN: 683 102, REPRESENTED BY HER POWER OF ATTORNEY K.V.M.V.SHANAVAS, AGED 60, S/O.K.K.VEERAN, 4TH FLOOR, D-10, NIDHI APARTMENT, CHENGAMANAD VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN 683 102.

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BY ADVS. P.K.IBRAHIM SREEJI K.B.

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RESPONDENT:

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SHEFIN SHERIF AGED 35 YEARS, S/O. MOHAMED SHERIF, AGED 35 YEARS, KANAVATH HOUSE, HOUSE NUMBER 549 OF WARD NUMBER 23, MARAD MUNICIPALITY, NETTOOR , NETTOOR P.O, ERNAKULAM, PIN: 682040.

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION

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ON 19.10.2022, THE COURT ON THE SAME DAY DELIVERED THE

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FOLLOWING:

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O.P.(FC) No.590 of 2022

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JUDGMENT

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Ajithkumar, J.

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The petitioner and the respondent are wife and husband. They have a child Izza Shefin, Aged 8 years. The petitioner filed O.P.(Divorce) No.1420 of 2020 before the Family Court, Ernakulam under Sections 2(ii), (viii)(a), (viii) (d) and (ix) of the Dissolution of Muslim Marriage Act, 1939. The petitioner pronounced Khula on 18.07.2022. She has filed I.A.No.5274 of 2022 in the original petition for recording the divorce by Khula. There occurs delay in disposal of the said interlocutory application. Hence, she filed this Original Petition under Article 227 of the Constitution of India for a direction to the Family Court, Ernakulam to dispose of I.A.No.5274 of 2022 (Ext.P7) on the next posting date, i.e., 05.12.2022 itself.

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Considering the nature of relief proposed to be

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granted, service of notice on the respondent is dispensed with.

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O.P.(FC) No.590 of 2022

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Heard the learned counsel appearing for the petitioner.

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Ext.P7 application was filed before the Family Court, Ernakulam on 27.08.2022. It is seen that O.P.No.1420 of 2020 was filed on 12.08.2020. It is contended by the petitioner that on account of the delay being occurred in the disposal of the said O.P., the petitioner had pronounced Khula. She claimed to have done all the required formalities for the completion of Khula, but the same should be accepted and declared to be valid by the court for it to be valid. In the circumstances, she had filed Ext.P7 application.

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In view of the law laid down in Asbi K.N. v.

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Hashim M.U. [2021 (6) KHC 159] , it is for the Family Court to take a decision in the matter. An expeditious disposal of Ext.P7 application is however expedient. We are, therefore, of the view that there shall be a direction to the

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O.P.(FC) No.590 of 2022

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Family Court, Ernakulam to dispose of Ext.P7 application expeditiously.

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Accordingly, this Original Petition is disposed of and the Family Court, Ernakulam is directed to take a decision on Ext.P7 (I.A.No.5274 of 2022 in O.P.(Divorce) No.1420 of 2020) within a period of two months from the date of production of a certified copy of this judgment.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/P.G. AJITHKUMAR, JUDGE

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dkr

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O.P.(FC) No.590 of 2022

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APPENDIX OF OP (FC) 590/2022

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PETITIONER EXHIBITS

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EXHIBIT-P1 TRUE COPY OF THE LETTER INTIMATING THE PRONOUNCEMENT OF KHULA ON 18.07.2022 AT DUBAI

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EXHIBIT-P2 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARDS EVIDENCING THE RECEIPT OF THE REGISTERED LETTER SEND TO THE RESPONDENT TO HIS PERMANENT ADDRESS

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EXHIBIT-P3 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARDS EVIDENCING THE RECEIPT OF THE REGISTERED LETTER SEND TO THE SECRETARY NETTOOR MAHALLU MUSLIM JAMA'ATH EXHIBIT-P4 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARDS EVIDENCING THE RECEIPT OF THE REGISTERED LETTER SEND TO THE SECRETARY NAMELY MADAVANA KIZHAKKE MUHIYUDDIN MASJID

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EXHIBIT-P5 TRUE COPY OF THE PRINTOUT OF THE SCREEN SHOT OF THE EMAIL COMMUNICATION DATED 25.07.2022

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EXHIBIT-P6 TRUE COPY OF THE SCREEN SHOT OF THE WHATSAPP COMMUNICATION DATED 29.07.2022 EXHIBIT-P7 TRUE COPY OF THE I.A.NO. 5274/2022 FILED ON 27.08.2022

Ashitha K.S. v. Shefin Sherif

Case brief

What is this about?

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Ashitha K.S. v. Shefin Sherif

Case brief

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