Abu vs Fareeda M.K
2021 Latest Caselaw 4173 Ker

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OP (FC).No.380 OF 2020

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                     &

                  THE HONOURABLE MR.JUSTICE C.S.DIAS

   THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                        OP (FC).No.380 OF 2020

 AGAINST THE ORDER/JUDGMENT IN I.A 1/2020 IN OP 231/2018 DATED
               11-09-2020 OF FAMILY COURT, TIRUR


PETITIONER/S:

      1         ABU
                AGED 64 YEARS
                S/O. SAIDALI, KOYAMBRATH VALAPPIL, KUTTIPPURAM
                POST, MALAPPURAM DISTRICT, PIN-679 571

      2         FATHIMA,
                AGED 57 YEARS
                W/O.ABU, KOYAMBRATH VALAPPIL, KUTTIPPURAM POST,
                MALAPPURAM DISTRICT, PIN-679 571

                BY ADVS.
                SRI.K.P.SUDHEER
                SMT.C.K.SHERIN

RESPONDENT/S:

                FAREEDA M.K.
                D/O. MUNDEKKATTIL MOIDEEN, VENGINIKKARA,
                AYILAKKADU, MALAPPURAM DISTRICT, PIN-679 576

                R1 BY ADV. SMT.DEEPA NARAYANAN
                R1 BY ADV. SMT.ASHA MARIAM MATHEWS

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP (FC).No.380 OF 2020



         A.MUHAMED MUSTAQUE & C.S.DIAS, JJ.
            ======================
                 OP(FC) No.380 of 2020
            ======================
         Dated this the 4th day of February, 2021.

                           JUDGMENT

C.S.DIAS, J.

The petitioners, who are the respondents 2 and 3

in OP 231/2018 of the Family Court, Tirur, have

approached this Court to set aside the order in IA

1/2020 in OP 231/2018 on the ground that the

respondent approached this Court and filed OP(FC)

169/2020 seeking expeditious disposal of OP

345/2019, without disclosing the fact that there are

connected cases between the parties pending

consideration before the same Court as OP (G&W)

319/2018 and MC 144/2018. This Court by judgment

dated 2.7.2020, allowed OP(FC) 169/2020, directed

the Family Court to dispose OP 345/2019 within outer

OP (FC).No.380 OF 2020

time limit of six months from the date of judgment. In

view of the said judgment passed by this Court,

severe prejudice has been caused to the petitioner

who is unable to get connected cases also disposed of

within a time frame. Hence, the original petition.

2. Heard the learned counsel appearing for the

petitioners and the learned counsel appearing for the

respondent.

3. The learned counsel appearing for the

petitioners submitted that this Court by order dated

11.1.2021 in IA 2/2020 has extended the time period

for disposal of OP 345/2019 by a further period of

four months from 11.1.2021. He further submitted

that in light of the extension granted by this Court,

the petitioners can bring to the notice of the Family

Court regarding the pendency of the other cases

between the parties and get them jointly tried along

with OP 345/2019. Therefore, no further reliefs are

OP (FC).No.380 OF 2020

required in the original petition. The said submission

is recorded. Accordingly, the original petition is

closed.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

                                        C.S.DIAS

    SKS/4.2.2021                         JUDGE

OP (FC).No.380 OF 2020


                           APPENDIX
    PETITIONER'S/S EXHIBITS:

    EXHIBIT P1           TRUE COPY OF O.P. NO. 231/2018 DATED

19.4.2018 FILED BY THE RESPONDENT HEREIN BEFORE THE FAMILY COURT, TIRUR.

EXHIBIT P2 TRUE COPY OF THE JUDGEMENT DATED 02.07.2020 IN OP(FC) NO. 169/2020 PASSED BY THIS HON'BLE COURT.

EXHIBIT P3 CERTIFIED COPY OF I.A.NO. 1/2020 IN OP NO. 231/2018 FILED BY THE RESPONDENT HEREIN BEFORE THE FAMILY COURT, TIRUR AND DOCKET ORDER DATED 11.9.202O.

EXHIBIT P4 TRUE COPY OF OBJECTION DATED 19.8.2020 FILED IN I.A. NO. 1/2020 IN OP NO.

231/2018 BEFORE THE FAMILY COURT, TIRUR.

OP (FC).No.380 OF 2020