Mohammedali vs Sumayya
2021 Latest Caselaw 6737 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                              &

     THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

 THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA,
                           1942

                    OP (FC).No.159 OF 2020


PETITIONER:

              MOHAMMEDALI, AGED 38 YEARS, S/O. BEERANKUTTY,
              KOTTENPARAMBA HOUSE, KOTTUKARA, NEDIYIRUPPU,
              KONDOTTY, MALAPPURAM DISTRICT-673 638.

              BY ADV. SRI.DENIZEN KOMATH

RESPONDENT:

              SUMAYYA, D/O. AHAMMED, ARASSERI MOOLAYIL
              HOUSE, PULIYODAN, OMANOOR, KONDOTTY,
              MALAPPURAM DISTRICT-673 638.


     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
25-02-2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.159 OF 2020

                           ..2..




                         JUDGMENT

Dated this the 25th day of February 2021 A.Muhamed Mustaque, J

The petitioner seeks permission to withdraw the

original petition with liberty to file an appeal.

Permission granted. Accordingly, the original petition is dismissed as withdrawn with liberty.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

KAUSER EDAPPAGATH

JUDGE

PR OP (FC).No.159 OF 2020

..3..

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE APPLICATION FOR DISSOLUTION OF MARRIAGE FILED BY THE RESPONDENT AS O.P.NO.86/2018 ON THE FILE OF FAMILY COURT, MALAPPURAM.

EXHIBIT P2 TRUE PHOTOCOPY OF THE EX-PARTE ORDER OBTAINED BY THE RESPONDENT IN O.P.NO.86/2018 DATED 26.10.2018 ON THE FILE OF FAMILY COURT, MALAPPURAM.

EXHIBIT P3 TRUE PHOTOCOPY OF THE APPLICATION TO SET ASIDE EX-PARTE DECREE PREFERRED BY THE PETITIONER DATED 20.7.2019.

EXHIBIT P3(A) TRUE PHOTOCOPY OF THE APPLICATION TO CONDONE DELAY PREFERRED BY THE PETITIONER DATED 20.7.2019.

EXHIBIT P4 TRUE PHOTOCOPY OF THE OBJECTION PREFERRED BY THE RESPONDENT TO THE APPLICATION OF THE PETITIONER TO SET ASIDE EX-PARTE DECREE.

EXHIBIT P4(A) TRUE PHOTOCOPY OF THE OBJECTION PREFERRED BY THE RESPONDENT TO THE APPLICATION OF THE PETITIONER TO CONDONE DELAY.

EXHIBIT P5 TRUE PHOTOCOPY OF THE COMMON ORDER DATED 10.1.2020 IN I.A.NO.962/2019 AND 963/2019 IN O.S.NO.86/2018 ON THE FILE OF THE FAMILY COURT, MALAPPURAM.