Minna Basheer vs Nabeel Muhammed
2021 Latest Caselaw 23870 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                &
          THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
SATURDAY, THE 4TH DAY OF DECEMBER 2021 / 13TH AGRAHAYANA,
                            1943
                   OP (FC) NO. 595 OF 2021
    AGAINST THE ORDER IN OP 928/2019 OF FAMILY COURT,
                        IRINJALAKUDA
PETITIONER/PETITIONER IN O.P        :

           MINNA BASHEER, AGED 29 YEARS,
           D/O MUHAMMED BASHEER, POKKAKKILLATH, MADAVANA,
           ERIYAD P.O, ERIYAD VILLAGE, KODUNGALLOOR.
           BY ADV S.A.SHERLY.


RESPONDENTS/RESPONDENTS IN O.P          :

    1      NABEEL MUHAMMED, AGED 31 YEARS,
           S/O MUHAMMED ALI, PONNATHAZHATH HOUSE,
           NABIN MANZIL, PATTAMBI CIVIL STATION ROAD,
           PALAKKAD DISTRICT, PIN-679 303.
    2      MEHBOOB ALI, AGED 61 YEARS,
           PONNATHAZHATH HOUSE, NABIN MANZIL,
           PATTAMBI CIVIL STATION ROAD,
           PALAKKAD DISTRICT, PIN-679 303.
    3      FATHIMA MEHBOOB ALI, AGED 52 YEARS,
           W/O MEHBOOB ALI, PONNATHAZHATH HOUSE,
           NABIN MANZIL, PATTAMBI CIVIL STATION ROAD,
           PALAKKAD DISTRICT, PIN-679 303.
    4      FARZANA, AGED 30 YEARS, W/O FEBIN,
           PONNATHAZHATH HOUSE, NABIN MANZIL,
           PATTAMBI CIVIL STATION ROAD,
           PALAKKAD DISTRICT, PIN-679303.
     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 04.12.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P(F.C) No.595 of 2021                    2




                         A.MUHAMED MUSTAQUE &
                               SOPHY THOMAS, JJ.
                      ------------------------------------------------
                             O.P(F.C) No.595 of 2021
                     -------------------------------------------------
                   Dated this the 4th day of December, 2021

                                JUDGMENT

A.MUHAMED MUSTAQUE, J.

The petitioner moved the Family Court, Irinjalakuda for an early

hearing of O.P No.928 of 2019. The Family Court ordered that if the parties

co-operate, the case will be disposed of at the earliest. Petitioner's grievance

is that the respondents are not co-operating. The Family court has to manage

its own affairs in regard to the disposal of the case. This Court cannot

prioritize any such cases merely based on Original Petition. The Family court

passed an order to the effect that if the parties co-operate, it can very well

dispose of the case at the earliest.

2. Anyhow, a Division Bench of this Court has given necessary

directions in Shiju Joy v. Nisha (2021(2) KLT 607) for disposal of the

pending matters.

We are of the view that the Family court shall dispose of the case

strictly following the guidelines in the above judgment in regard to the

disposal of such cases.

With this observation, the original petition is disposed of.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

                                      SOPHY THOMAS, JUDGE


amk





                          APPENDIX OF OP (FC) 595/2021

PETITIONER'S EXHIBITS        :
Exhibit P1                  A TRUE COPY OF THE OP NO.928/2019 FILED ON

21.10.2019 BEFORE THE FAMILY COURT, IRINJALAKUDA.

Exhibit P2 A TRUE COPY OF THE IN I A NO.3/2021 DATED 12.10.2021 IN OP 928/2019 BEFORE THE FAMILY COURT, IRINJALAKUDA.

Exhibit P3 A TRUE COPY OF THE PROCEEDING OF THE FAMILY COURT DATED 21.10.2021 IN I A.3/2021.