Kerala High Court
Sainudeen (Died) vs Rahim Muthalif on 29 January, 2021
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OP (FC).No.312 OF 2016
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942
OP (FC).No.312 OF 2016(R)
AGAINST THE ORDER/JUDGMENT IN IA 402/2016 IN OP 229/2016 DATED
29-03-2016 OF FAMILY COURT, ATTINGAL
PETITIONER/S:
1 SAINUDEEN (DIED)
S/O ABDULLA, AGED 65, JASMI MANZIL,PUTHIYAKAVU,
KILIMANOOR PO,THIRUVANANTHAPURAM.
2 SOBIDHA
W/O SAINUDEEN, AGED 51, JASMI MANZIL,PUTHIYAKAVU,
KILIMANOOR PO, THIRUVANANTHAPURAM.
3 RIYAS , S/O.SAINUDHEEN
AGED 35 YEARS, JASMI MANZIL
PUTHIYAKAVU, KILIMANOOR P.O
THIRUVANANTHAPURAM
( IMPLEADED AS PER ORDER DATED 29.1.2021 IN
I.A.1/2021 AS ADDITIONAL THIRD PETITIONER)
BY ADV. SRI.LIJU. M.P
RESPONDENT/S:
RAHIM MUTHALIF
S/O MUHAMED MUTHALIF, AGED 46, RAMSEEN
VILLA,ALAMCODE, THIRUVANANTHAPURAM-695102.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP (FC).No.312 OF 2016
A.MUHAMED MUSTAQUE & C.S.DIAS, JJ.
======================
OP(FC) No.312 of 2016
======================
Dated this the 29th day of January, 2021.
JUDGMENT
A.MUHAMED MUSTAQUE, J.
This original petition is of the year 2016. The original
petition was filed challenging the order passed by the
Family Court, Attingal, dismissing an application for
attachment before judgment.
2. The petitioners herein are the petitioners before
the Family Court. The respondent herein is the son-in-law
of the petitioners. The petitioners' daughter committed
suicide. They raised a claim for Rs.1, 89,00,000/- before
the Family Court. Alleging that the respondent is
attempting to alienate property to defeat the claim of the
petitioners, the application for attachment before
judgment was filed. The Family Court by a detailed order,
adverting to all attendant circumstances, came to the
conclusion that the attempt of the respondent was to
OP (FC).No.312 OF 2016
dispose the property to liquidate his liability incurred by
him in Qatar where he was doing business. The Family
Court was also doubtful about the bonafides of the claim
made by the petitioners. The Family Court took note of
the fact that the respondent and his family suffered a
severe setback in the business and wife of the respondent
committed suicide as she was cheated by her own
relatives. After the perusal of the pleadings and materials
before the Family Court, the Family Court was of the view
that the intention of the respondent is not to dispose of
the property to defeat any claims of the petitioners but to
liquidate his own liabilities. The Family Court also raised a
doubt in regard to the nature of claim made in the petition.
The reasoned order on merits of the Family Court cannot
be interfered by this Court invoking power under Article
227 of the Constitution of India.
3. This Court called for a report in regard to the
status of the case before the Family Court. The office
report shows that the original petition was dismissed for
default before the Family Court on 2.12.2019. Thereafter,
an Interlocutory Application was filed for restoration,
OP (FC).No.312 OF 2016
which is pending.
4. Taking note of all the circumstances, we do not
find any reason to interfere with the order passed by the
Family Court. Accordingly, the original petition is
dismissed. No order as to costs.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
C.S.DIAS
SKS/29.1.2021 JUDGE
OP (FC).No.312 OF 2016
APPENDIX
PETITIONER'S/S EXHIBITS:
P1 TRUE COPY OF THE PETITION IN
OP.NO.229/2016 ON THE FILE OF FAMILY
COURT, ATTINGAL.
P2 TRUE COPY OF THE I.A.NO.402/2016 IN
OP.NO.229/2016 ON THE FILE OF THE
FAMILY COURT, ATTINGAL.
P3 TRUE COPY OF THE ORDER DATED 29.3.2016
IN I.A. NO.402/2016 IN OP NO.229/2016
ON THE FILE OF FAMILY COURT, ATTINGAL.
