IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
OP (FC) NO. 253 OF 2022
IN THE MATTER OF I.A.NO.1/2022 AND I.A.NO.2/2022 IN
I.A.NO.830/2018 AND I.A.NO.831/2018 IN O.P.NO.95/2015 OF
FAMILY COURT, PALAKKAD
PETITIONER/PETITIONER:
MUHAMMED RAFEEK, AGED 46 YEARS
S/O. CHELLA RAWTHER, CANAL MUKKU,
VANDITHAVALAM, CHITTUR TALUK,
PALAKKAD DISTRICT, PIN - 678534
BY ADVS.
RAJESH SIVARAMANKUTTY
ARUL MURALIDHARAN
RESPONDENT/RESPONDENT:
FOUJAMMA, AGED 44 YEARS
W/O. MUHAMMED RAFEEK,
FARSANA MANZIL, MANKAVU,
EDAYAR STREET,
PALAKKAD DISTRICT, PIN - 678001
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(F.C) No.253 of 2022
2
DEVAN RAMACHANDRAN &
SOPHY THOMAS, JJ.
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O.P.(F.C) No.253 of 2022
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Dated this the 6th day of May, 2022
J U D G M E N T
DEVAN RAMACHANDRAN, J.
The respondent before the Family Court in O.P.No.95 of 2015 has sought that three of his applications namely Exts.P5 to P8 be directed to be disposed of by the said court within a time frame.
2. The facts involved reveal that the petitioner suffered a decree in the aforementioned original petition filed by his wife/respondent herein and that he moved an application for setting aside the same, which was dismissed for default. It is to set aside that order that he preferred the present application, along with a petition to condone delay.
3. Prima facie, it is clear that, whatever be the O.P.(F.C) No.253 of 2022 3 reason, the petitioner has been rather careless in the prosecution of his remedies and we are therefore of the view that, though he can be granted the prayers sought for before us, the time frame need not be fixed to a very short one.
Resultantly, we allow this original petition and direct the Family Court, Palakkad, to take up Exts.P5 to P8 and dispose the same, after following the due procedure and also after hearing both sides; thus culminating in appropriate orders thereon, as expeditiously as possible, but not later than two months from the date of receipt of a copy of the judgment.
This original petition is disposed of accordingly.
Sd/-
DEVAN RAMACHANDRAN, JUDGE Sd/-
SOPHY THOMAS, JUDGE AS O.P.(F.C) No.253 of 2022 4 APPENDIX OF OP (FC) 253/2022 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 29.11.216 IN O.P. NO. 95/2015 PASSED BY THE FAMILY COURT, PALAKKAD EXHIBIT P2 TRUE COPY OF THE AFFIDAVIT AND PETITION AS I.A. NO. 830/2018 IN O.P. NO. 95/2015 DATED 31.5.2018 FILED BEFORE THE FAMILY COURT, PALAKKAD EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT AND PETITION AS I.A. NO. 831/2018 IN O.P. NO. 95/2015 DATED 31.5.2018 FILED BEFORE THE FAMILY COURT, PALAKKAD EXHIBIT P4 TRUE COPY OF THE ORDER DATED 16.6.2018 IN I.A. NO. 830/2018 IN O.P. NO. 95/2015 PASSED BY THE FAMILY COURT, PALAKKAD EXHIBIT P5 TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 11.4.2022 AS I.A. NO. 1/2022 IN I.A. NO. 830/2018 IN O.P. NO. 95/2015 FILED BY PETITIONER AGAINST RESPONDENT ON THE FILES OF FAMILY COURT, PALAKKAD EXHIBIT P6 TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 11.4.2022 AS I.A. NO. 2/2022 IN I.A. NO. 830/2018 IN O.P. NO. 95/2015 FILED BY PETITIONER AGAINST RESPONDENT ON THE FILES OF FAMILY COURT, PALAKKAD EXHIBIT P7 TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 11.4.2022 AS I.A. NO. 2/2022 IN I.A. NO. 831/2018 IN O.P. NO. 95/2015 FILED BY PETITIONER AGAINST RESPONDENT O.P.(F.C) No.253 of 2022 5 ON THE FILES OF FAMILY COURT, PALAKKAD EXHIBIT P8 TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 11.4.2022 AS I.A. NO. 1/2022 IN I.A. NO. 831/2018 IN O.P. NO. 95/2015 FILED BY PETITIONER AGAINST RESPONDENT ON THE FILES OF FAMILY COURT, PALAKKAD EXHIBIT P9 TRUE COPY OF THE FINAL DECREE PROCEEDINGS AS F.D. I.A. NO. 332/2017 IN O.P. NO. 95/2015 DATED 28.2.2017 FILED BY RESPONDENT AGAINST THE PETITIONER BEFORE FAMILY COURT, PALAKKAD