Muhamed Rashid vs Rinsha
2022 Latest Caselaw 9543 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                 &
           THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
 THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                    OP (FC) NO. 487 OF 2022
  AGAINST THE ORDER/JUDGMENT IN MP 1263/2021 OF FAMILY
                        COURT,THRISSUR
PETITIONER:

            MUHAMED RASHID, AGED 34 YEARS, HOUSE NO.15/309,
            AVP ROAD, KANJIKODE EAST, PALAKKAD, PIN - 678
            621

            BY ADV ARJUN S.



RESPONDENTS:

    1       RINSHA, AGED 25 YEARS, D/O ABDUL RASAQ,
            VATTAPARAMBIL HOUSE, PUNNAYOORKULAM PO,
            CHAVAKKAD, THRISSUR, PIN - 679 561

    2       REHAN, S/O MUHAMED RASHID REPRESENTED BY HIS
            LEGAL GUARDIAN RINSHA, AGED 25 YEARS, D/O ABDUL
            RASAQ, VATTAPARAMBIL HOUSE, PUNNAYOORKULAM PO,
            CHAVAKKAD, THRISSUR, PIN - 679 561


        THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC) NO. 487 OF 2022

                              ..2..




                    J U D G M E N T

A. Muhamed Mustaque, J

The petitioner was set ex-parte in MC No. 604 of 2019

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

intends to file an application to set aside the ex-parte

order. In the meanwhile, the respondents laid proceedings

to execute the order in MC No.604 of 2019 awarding

maintenance. In that, an arrest warrant has been issued.

Challenging the order of arrest warrant, the petitioner

approached this Court.

2. Taking note of the nature of relief sought for,

we are of the view that the original petition can be

disposed of dispensing notice to the respondents as

follows:

i. The petitioner shall move the Family Court to

set aside the ex-parte order within a period of one week

from the date of receipt of a copy of this judgment.

ii. Thereafter, the Family Court shall dispose of

the application within a further period of six weeks after OP (FC) NO. 487 OF 2022

..3..

issuing notice to the respondents.

iii. Till the disposal of the application as above,

coercive action against the petitioner shall be deferred.

iv. In the meanwhile, the Family Court also shall

refer the parties for mediation.

v. The petitioner is directed to produce a copy of

this judgment before the Family Court, and also serve copy

on the learned counsel appearing for the respondents,

before the Family Court in MP No. 1263 of 2021 in MC No.

604 of 2019.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE Issue copy today itself.

PR OP (FC) NO. 487 OF 2022

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APPENDIX OF OP (FC) 487/2022

PETITIONER ANNEXURES

Annexure A A TRUE COPY OF THE NOTICE ISSUED BY THE DEPUTY TAHSILDAR- PONNANI IN THE NAME OF THE PETITIONER DTD 16.03.2022

Annexure B THE PETITIONER HAS NO TITLE OR RIGHT OVER SUCH PROPERTY. A TRUE COPY OF THE SALE DEED NO.1404/96 OF SRO PONNANI DTD 08.05.1996

Annexure C A TRUE COPY OF THE RECEIPT OF LAND TAX PAID BY THE PETITIONER'S FATHER DTD 23.10.2021 FOR THE YEAR 2021-2022

Annexure D A TRUE COPY OF MC.NO.604/2019 DTD 03.10.2019 BEFORE THE HON'BLE FAMILY COURT- THRISSUR

Annexure E A TRUE COPY OF THE ORDER OF THE HON'BLE FAMILY COURT- THRISSUR IN MC.NO.604/2019 DTD 28.02.2020

Annexure F A TRUE COPY OF THE ORDERS OF THIS HON'BLE COURT IN OP(FC) 186/2022 DTD 05.04.2022

Annexure G A TRUE COPY OF MP.NO.1263/2021 IN MC.NO.604/2019 BEFORE THE HON'BLE FAMILY COURT- THRISSUR

Annexure H A TRUE COPY OF IA.NO.2/2021 IN OP(G&W).

NO.1528/2021 BEFORE THE HON'BLE FAMILY COURT- THRISSUR

Annexure I A TRUE COPY OF THE PROCEEDINGS IN MP.NO.1263/2021 IN MC.NO.604/2019 BEFORE THE HON'BLE FAMILY COURT- THRISSUR