Abida Abdulla vs Abdul Fajaz
2021 Latest Caselaw 4493 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT

             THE HONOURABLE MR. JUSTICE A.HARIPRASAD

                                  &

        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

  MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                     OP (FC).No.486 OF 2020

AGAINST THE ORDER DATED 23-09-2020 ON THE FILE OF FAMILY
COURT, KANNUR IN I.A NO.1 OF 2020 IN OP 1190/2019.


PETITIONER/PETITIONER      :

              ABIDA ABDULLA, D/O. KUNHABDULLA,
              AGED 31 YEARS, RESIDING AT 'ASHIYANA',
              NEAR MRVHS SCHOOL, PADNA P.O.,
              KASARAGOD DISTRICT, PIN-671 312.

              BY ADV. SRI.M.V.AMARESAN.



RESPONDENT      :

              ABDUL FAJAZ, S/O. ABDUL JABBAR,
              AGED 36 YEARS, 'FAJ MAHAL',
              CHECK POST ROAD, KANNOTHUMCHAL,
              P.O.THANA, KANNUR DISTRICT, PIN-670 012.

              R1 BY ADV. SRI.K.R.AVINASH (KUNNATH)
              R1 BY ADV. SRI.ABDUL RAOOF PALLIPATH
              R1 BY ADV. SRI.P.P.MUBASHIR ALI.


     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P (F.C) No.486 of 2020              2



             A.HARIPRASAD & P.V.KUNHIKRISHNAN, J J.
                 --------------------------------------
                            O.P (F.C) No.486 of 2020
                    --------------------------------------
                     Dated this the 8th day of February, 2021


                                JUDGMENT

P.V.KUNHIKRISHNAN, J

This original petition is filed challenging Ext.P4 order of the

Family Court, Kannur. The petitioner, who is the respondent in O.P

No.1190 of 2019, filed a petition before the Family Court raising territorial

jurisdiction to entertain that petition. As per Ext.P4 order, the Family Court

dismissed the same and found that the original petition is maintainable at

Family Court Kannur. Admittedly, the petitioner has not filed any written

statement in the original petition before the Family Court, and before filing

the same the jurisdiction issue was raised.

2. After arguing for some time, the counsel for the petitioner submits

that he may be allowed to withdraw this original petition with liberty to

raise the question of territorial jurisdiction after filing written statement.

Therefore, this original petition is dismissed as withdrawn. The

lower court will consider the territorial jurisdiction of the court, if raised

after the written statement is filed in accordance with the law and of

course untrammelled by any of the observations in Ext.P4 order.

A. HARIPRASAD, JUDGE.

                                                      P.V.KUNHIKRISHNAN,
                                                               JUDGE

amk




                                 APPENDIX


PETITIONER'S          EXHIBITS   :


EXHIBIT P1                  TRUE   COPY    OF   ORIGINAL  PETITION

NO.1190/2019 FILED BY THE RESPONDENT/ HUSBAND ON 4.11.2019 BEFORE THE FAMILY COURT, KANNUR.

EXHIBIT P2 TRUE COPY OF I.A.01/2020 FILED BY THE PETITIONER/WIFE IN O.P.NO.1190/2019 DATED 19.2.2020 BEFORE FAMILY COURT, KANNUR.

EXHIBIT P3                  TRUE COPY OF COUNTER STATEMENT DATED
                            28.2.2020       FILED      BY       THE

RESPONDENT/HUSBAND IN I.A.NO.01/2020 IN O.P.NO.1190/2019 BEFORE THE FAMILY COURT, KANNUR.

EXHIBIT P4 TRUE COPY OF ORDER PASSED BY THE FAMILY COURT, KANNUR IN I.A.NO.01/2020 IN O.P.NO.1190/2019 DATED 23.9.2020.

RESPONDENT'S EXHIBITS            :       NIL.