Review petitions INS. against the Kerala High Court INS. were filed by the respondent in the original petition challenging the dismissal of an application for interim injunction. The court held that the opinion expressed on points of law cannot be reviewed and dismissed the petitions.
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 MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 20TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944
RP NO. 888 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP (FC) 394/2022 OF HIGH
COURT OF KERALA
REVIEW PETITIONER:
SABINA, AGED 24 YEARS, D/O ABDUL SAMAD, EDAYILA VEETTIL , PUTHENVEEDU, KADAPPANA, MYNAGAPPALLY VILLAGE, KOLLAM DISTRICT, PIN – 690 519
BY ADVS. M.T.SURESHKUMAR SHRI.R.RANJITH,SC,KOOVAPPADY GRAMA PANCH SMITHA PHILIPOSE MANJUSHA K SREELAKSHMI SABU
RESPONDENT:
ANVARUDEEN, AGED 30 YEARS, S/O MUHAMMED HUSSIN, NELLIKKATTIL VEETTIL, KUMMIL P O, KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN – 691 536
BY ADV MAJIDA.S
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 20.10.2022, ALONG WITH REVIEW PETITION NO.946 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NOS. 888 OF 2022 & 946 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 20TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944
RP NO. 946 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP (FC) 395/2022 OF HIGH
COURT OF KERALA
REVIEW PETITIONER:
SABINA, AGED 24 YEARS, D/O ABDUL SAMAD, EDAYILA VEETTIL , PUTHENVEEDU, KADAPPANA, MYNAGAPPALLY VILLAGE, KOLLAM DISTRICT, PIN – 690 519
BY ADVS. M.T.SURESHKUMAR SREELAKSHMI SABU SHRI.R.RANJITH,SC,KOOVAPPADY GRAMA PANCH SMITHA PHILIPOSE MANJUSHA K
RESPONDENT:
ANVARUDEEN, AGED 29 YEARS, S/O MUHAMMED HUSSIN, NELLIKKATTIL VEETTIL, KUMMIL P O, KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN – 691 536
BY ADV MAJIDA.S
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 20.10.2022, ALONG WITH REVIEW PETITION NO.888 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NOS. 888 OF 2022 & 946 OF 2022
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O R D E R
A. Muhamed Mustaque, J
These review petitions were moved by the respondent in the original petition. The matter dealt by this Court is regarding an injunction granted by the Family Court, Chavara injuncting a muslim husband from pronouncing Talaq.
RP NOS. 888 OF 2022 & 946 OF 2022
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pronouncement of Talaq at the first stage or second stage cannot be repaired by pronouncement of the final Talaq. It is further submitted that
the apprehensive injury and damage is a sufficient cause for the wife to obtain an injunction order as against the husband.
We have already adverted to the legal aspects relating to the pronouncement of Talaq in the judgment. The opinion expressed on a point of law cannot be reviewed in a review petition. Therefore, review petition fails and accordingly dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SOPHY THOMAS
JUDGE
PR
RP NOS. 888 OF 2022 & 946 OF 2022
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APPENDIX OF RP 888/2022
PETITIONER ANNEXURES
Annexure1 A TRUE COPY OF O P (OTHERS) NO. 8/2022 BEFORE THE FAMILY COURT, CHAVARA DATED 10-1-2022 . Annexure2 A TRUE COPY OF THE PETITION IN O P NO. 165/2022 ON THE FILE OF FAMILY COURT CHAVARA DATED 20-5-2022.
RP NOS. 888 OF 2022 & 946 OF 2022
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APPENDIX OF RP 946/2022
PETITIONER ANNEXURES
Annexure1 A TRUE COPY OF O P (OTHERS) NO. 8/2022 BEFORE THE FAMILY COURT, CHAVARA DATED 10-1-2022. Annexure2 A TRUE COPY OF THE PETITION IN O P NO. 165/2022 ON THE FILE OF FAMILY COURT CHAVARA DATED 20-5-2022. Annexure3 A TRUE COPY OF THE PETITION IN O P NO. 52 /2022 ON THE FILE OF FAMILY COURT CHAVARA DATED 14.2.2022.
1 issue framed by the court
Whether a review petition is maintainable against the opinion expressed regarding the pronouncement of Talaq.
A.MUHAMED MUSTAQUE
SOPHY THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
