OP (FC) No.276/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Friday, the 20th day of May 2022 / 30th Vaisakha, 1944
OP (FC) NO. 276 OF 2022(R)
OP(OTHERS)No. 113/2022 OF FAMILY COURT, CHAVARA.
PETITIONER/PETITIONER IN OP:
AAYISHA. A., D/O.M.A. SALAM, AGED 26 YEARS,
DARUL SALAM, PALAKKAL, THEVALAKKARA,
KARUNAGAPPALLY, KOLLAM- 690 524.
RESPONDENT/RESPONDENT IN OP:
AHADH HANEEF, S/O.MUHAMMED HANEEFA, AGED 30 YEARS,
ANDOOR HOUSE, CHENNAPPADY P.O., KANJIRAPPALLY, KOTTAYAM-686 520,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER AND MOTHER JASMINE
HANEEF, W/O. MUHAMMED HANEEFA, ANDOOR HOUSE, CHENNAPPADY P.O.,
KANJIRAPPALLY, KOTTAYAM-686 520.
OP (Family Court) praying inter alia that in the circumstances
stated in the affidavit filed along with the OP (FC) the High Court be
pleased to stay the operation and implementation of Exhibit P9 order in IA
No.2/2022 in OP(Others)No.113/2022 on the file of the Family Court,
Chavara and permit the petitioner to solemnize her second marriage as per
Exhibit P7.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP (FC) and upon hearing the arguments
of SRI.B.MOHANLAL, Advocate for the petitioner, the court passed the
following:
P.T.O.
OP (FC) No.276/2022 2/4
A.MUHAMED MUSTAQUE & SOPHY THOMAS, JJ.
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O.P.(FC) No.276 of 2022
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Dated this the 20th day of May, 2022
O R D E R
A.Muhamed Mustaque, J.
Admit.
2. Issue notice to the respondent by speed post.
3. In the matrimonial dispute pending before the Family Court, the wife who is a Muslim woman invoked extra-judicial divorce. In that proceedings, the Family Court recorded the extra-judicial divorce and declared that the parties are no longer husband and wife. After the declaration, the respondent who was the former husband moved a petition before the same Family Court by separate proceedings and obtained an order of ad- interim injunction restraining the petitioner from contracting any other marriage. We are of the prima facie view that the Family Court had not applied its mind before granting such relief.
OP (FC) No.276/2022 3/4 O.P.(FC) No.276/2022 2 In such circumstances, we are of the view that the impugned order has to be stayed. Accordingly, it is stayed. We make it clear that on the basis of the stay granted by this Court, the petitioner has no impediment in contracting any other marriage in accordance with law and the Mahal Committee can take note of this order for registering any marriage in accordance with law. Post along with Mat.Appeal No.323/2022.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/-
SOPHY THOMAS, JUDGE
ln
20-05-2022 /True Copy/ Assistant Registrar
OP (FC) No.276/2022 4/4
APPENDIX OF OP (FC) 276/2022
EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT DATED 11/04/2022 IN OP
NO.950/2019 OF THIS HONOURABLE COURT. Exhibit.P9 THE TRUE COPY OF THE AD-INTERIM INJUNCTION DATED 16.04.2022 IN I.A NO.2/2022 IN O.P(OTHERS) NO.113/2022 OF FAMILY COURT, CHAVARA.