Kerala High Court
Muhammed Hakkim vs Asmabi M.P on 30 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
OP (FC) NO. 305 OF 2021
AGAINST THE ORDER PASSED IN IA NOS 1 & 3 IN & 2 & 4/21 IN OP
177/2015 OF FAMILY COURT, TIRUR, DATED 5.3.21 AND 3.4.21
PETITIONER/RESPONDENT:
MUHAMMED HAKKIM
AGED 58 YEARS
S/O. UMMAYYAKUTI, CHERKANDI PARAMP, CHERUVANNOOR
AMSOM DESOM, CHERUVANNOOR P.O, KOZHIKODE TALUK,
KOZHIKODE DISTRICT, PIN-673 524
BY ADV K.V.BHADRA KUMARI
RESPONDENT/S:
ASMABI M.P.
AGED 40 YEARS
D/O. MOYDEEN (LATE), MANHALAM PARAMBATH HOUSE,
OZHUR, KORADU P.O, PANANGATTUR, TIRUR TALUK,
MALAPPURAM DISTRICT, PIN-676 302
BY ADVS.
BINU V V VEETTIL VALAPPIL
S.K.PREMJITH MENON
MANEKSHA D.
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(FC).No.305/2021
-:2:-
JUDGMENT
Dated this the 30th day of September, 2021
A.Muhamed Mustaque,J.
The petitioner is the respondent in O.P.No.177/2015 on the files of
the Family Court, Tirur. He filed IA Nos.1/21, 2/21, & 4/21, These are
interlocutory applications filed to receive additional documents and also
for filing counter claim. These applications have been dismissed by the
Family Court by a very reasoned order. The permission to file counter claim
was sought after the cross-examination of the respondent is over.
Therefore, Family court did not allow the application. The applications for
production of documents were also not allowed for the reason that the
applications were belated.
2. We do not find any reason to interfere with the impugned
orders except to the extent of dismissing the application for receiving
additional documents. The case is pending from 2015 onwards. The
O.P.(FC).No.305/2021
respondent is a woman. She is being dragged for the last five years and the
petitioner at the fag end of the proceedings attempted to file these
interlocutory applications.
3. Having considered the totality of the facts, we are of the view
that the petitioner's applications to receive additional documents have to be
allowed on payment of cost. Both applications for receiving documents are
allowed on payment of cost of Rs.2,000/- (Rupees Two thousand only),
which shall be paid to the respondent through her counsel in the court
below. The cost shall be paid within three days from the receipt of a copy of
this judgment. We affirm the dismissal of the application to receive counter
claim. The original petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To Judge
O.P.(FC).No.305/2021
APPENDIX OF OP (FC) 305/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PETITION I.A. NO.
2/2021 IN O.P. NO. 177/2015 FILED BY THE
PETITIONER.
EXHIBIT P2 TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT HEREIN TO I.A. NO. 2/2021.
EXHIBIT P3 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER AS I.A. NO. 1/2021 IN O.P.
NO. 177/2021.
EXHIBIT P4 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER AS I.A. NO. 3/2021 IN O.P.
NO. 177/2015.
EXHIBIT P5 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER AS I.A.NO. 4/2021.
EXHIBIT P6 TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT IN I.A. NO. 3/2021 IN O.P.NO.
177/2015.
EXHIBIT P7 TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT IN I.A. NO. 4/2021 IN O.P.
NO. 177/2015.
EXHIBIT P8 CERTIFIED COPY OF THE ORDER DATED
5.3.2021 IN I.A NOS. 1/2021 AND 3 /2021
IN O.P. NO. 177/2015 ALONG WITH CMP NO.
3/2021 IN M.C. NO. 121/2015 OF FAMILY
COURT, TIRUR.
O.P.(FC).No.305/2021
EXHIBIT P9 CERTIFIED COPY OF THE ORDER DATED
3.4.2021 IN I.A NOS. 3/2021 AND 4/2021
IN O.P. NO. 177/2015 AND CMP NO. 2/2021
IN M.C. NO. 121/2015 OF FAMILY COURT,
TIRUR.
