Sajin Sharafudeen vs Sajitha T.R
2021 Latest Caselaw 1535 Ker

OP (FC).No.53 OF 2017(R)

                                1

            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 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                    OP (FC).No.53 OF 2017(R)

 AGAINST THE ORDER IN I.a. 2699/2016 IN OP 1386/2016 DATED
            23-12-2016 OF FAMILY COURT, ATTINGAL


PETITIONER/1ST COUNTER PETITIONER:

              SAJIN SHARAFUDEEN
              AGED 34, S/O.SHARAFUDEEN, SAJIN MANZIL,
              KAVALAYOOR, KULAMUTTOM P.O., MANAMBOOR VILLAGE,
              CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT.

              BY ADV. SHRI.M.DINESH

RESPONDENTTS/COUNTER PETITIONERS 2 AND 3:

      1       SAJITHA T.R
              AGED 26, D/O.RAJILA, KHADEEJAHUT, MUTTAPPALAM,
              PERUNGUZHI P.O., AZHOOR VILLAGE, CHIRAYINKIL
              TALUK, THIRUVANANTHAPURAM DISTRICT-695305.

      2       KULAMUTTOM MUSLIM JUMA MASJID
              KULAMUTTOM P.O., MANAMBOOR VILLAGE, CHIRAYINKIL
              TALUK, REPRESENTED BY PRESIDENT-695144.

      3       SECRETARY
              KULAMUTTOM MUSLIM JUMA MASJID, KULAMUTTOM P.O.,
              MANAMBOOR VILLAGE, CHIRAYINKIL TALUK,
              THIRUVANANTHAPURAM-695144.

              R1 BY ADV. SRI.M.M.HUSAIN
              R1 BY ADV. SRI.K.A.MANZOOR ALI

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.53 OF 2017(R)

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                       JUDGMENT

Dated this the 14th day of January 2021

A.Muhamed Mustaque, J.

This Original Petition was filed challenging an

order passed in I.A No.2699/2016 in O.P. No.1386/2016

on the file of the Family Court, Attingal. The petitioner

is the 1st respondent in the aforesaid O.P. The 1 st

respondent herein filed the O.P. restraining the

petitioner herein from re-marrying, when their marital

relationship was subsisting. An application for interim

injunction was filed. That was allowed. By that order,

the petitioner herein has been restrained from re-

marrying. The Court also restrained the office bearers

of the local Mahal from issuing certificate of marriage

for any marriage conducted between the petitioner and

any other woman. This order is under challenge in this

Original Petition.

OP (FC).No.53 OF 2017(R)

This Original Petition is pending before this Court

since 2017. Though notice has been served on the 2 nd

respondent, there is no appearance. There is no interim

order in this matter. The petitioner can very well

defend his case in the main original petition itself.

Taking note of the lapse of more than four years, we do

not find any reason to interfere with the matter, as the

challenge is against an interim order. With liberty to the

petitioner to defend the main original petition itself, this

Original Petition is dismissed.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

ma/14.1.2021                      C.S.DIAS, JUDGE

                                       JUDGE

                        /True copy/
 OP (FC).No.53 OF 2017(R)




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1          TRUE COPY OF THE O.P.NO.1386/2016 ON THE

FILE OF FAMILY COURT, ATTINGAL.

EXHIBIT P2 TRUE COPY OF THE TEMPORARY INJUNCTION I.A.NO.2699/2016 IN O.P.NO.1386/2016 ON THE FILE OF FAMILY COURT, ATTINGAL.

EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY PETITIONER IN I.A.NO.2699/2016 IN O.P.NO.1386/2016 ON THE FILE OF FAMILY COURT, ATTINGAL.

EXHIBIT P4 TRUE COPY OF THE TALAK DATED 8-2-2016 ISSUED BY THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE POSTAL RECEIPTS OF COMMUNICATION BY THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 23-12-2016 IN I.A.NO.2699/2016 IN O.P.NO.1386/2016 OF THE FAMILY COURT, ATTINGAL.