Ashitha K.S vs Shefin Sherif
2022 Latest Caselaw 11929 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                              &
     THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
      WEDNESDAY, THE 21ST DAY OF DECEMBER 2022/30TH
                       AGRAHAYANA,1944
                  OP (FC) NO. 703 OF 2022
I.A NO.8979/2022 IN OP(DIVORCE) 1420/2020 ON THE FILE OF
                  FAMILY COURT, ERNAKULAM
PETITIONER/PETITIONER/PETITIONER:

         ASHITHA K.S.
         AGED 33 YEARS
         D/O. SHANAVAS K.V.
         4TH FLOOR, D-10, NIDHI APARTMENT,
         CHENGAMANAD VILLAGE,
         ALUVA TALUK,ERNAKULAM DISTRICT,
         PIN - 683 102,
         REPRESENTED BY HER POWER OF ATTORNEY
         K.V.M.V.SHANAVAS, AGED 60, S/O.K.K.VEERAN,
         4TH FLOOR, D-10,
         NIDHI APARTMENT, CHENGAMANAD VILLAGE,
         ALUVA TALUK, ERNAKULAM DISTRICT,
         PIN - 683 102.V
         BY ADVS.
         P.K.IBRAHIM
         SREEJI K.B.

RESPONDENT/RESPONDENT/RESPONDENT:

         SHEFIN SHERIF
         S/O. MOHAMED SHERIF,
         AGED 35 YEARS, KANAVATH HOUSE,
         HOUSE NUMBER 549 OF WARD NUMBER 23,
         MARAD MUNICIPALITY, NETTOOR,
         NETTOOR P. O, ERNAKULAM,
         PIN - 682 040.

     THIS   OP   (FAMILY   COURT)    HAVING   COME   UP   FOR
ADMISSION ON 21.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 OP (FC) NO.703 OF 2022
                              2

                         JUDGMENT

Anil K. Narendran, J.

The petitioner-wife filed O.P(Divorce) No.1420 of 2020

before the Family Court, Ernakulam, against the respondent

herein-husband, seeking a decree of divorce of the marriage

solemnised between them. In that Original Petition the

petitioner filed I.A No.5274 of 2022 seeking an order to

dispose of the matter by recording the dissolution of marriage

of the petitioner with the respondent, on the pronouncement

of Khula by the petitioner, which was made on 18.07.2022.

That application was allowed on 25.11.2022. The learned

counsel for the petitioner would submit that based on the

order in I.A No.5274 of 2022, the Family Court disposed of

O.P(Divorce) No.1420 of 2020.

2. For issuing a certified copy of the order dated

25.11.2022 in I.A No.5274 of 2022 in O.P(Divorce) No.1420 of

2020 the petitioner filed I.A No.8979 of 2022, which is pending

consideration. According to the petitioner her marriage is fixed

in the second week of January, 2023. Therefore, she requires

the certified copy of the order, immediately. OP (FC) NO.703 OF 2022

3. Heard the learned counsel for the petitioner.

Considering the nature of relief proposed to be granted,

service of notice on the respondent is dispensed with.

4. The petitioner has filed I.A No.8979 of 2022 in

O.P(Divorce) No.1420 of 2020, which is an application for

issuance of certified copy of the order dated 25.11.2022 in I.A

No.5274 of 2022 in O.P(Divorce) No.1420 of 2020, at the

earliest.

Having considered the materials on record and also the

submissions made by the learned counsel for the petitioner, we

deem it appropriate to direct the Family Court, Ernakulam to

issue certified copy of the order dated 25.11.2022 in I.A

No.5274 of 2022 in O.P(Divorce) No.1420 of 2020, as sought

for in I.A No.8979 of 2022, as expeditiously as possible, at any

rate, within a period of ten days.

The O.P(FC) is disposed of accordingly.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

MURALI PURUSHOTHAMAN, JUDGE

SPR OP (FC) NO.703 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE I.A.NO.5274/2022 IN OP(DIVORCE)1420/2020 ON THE FILE OF THE FAMILY COURT, ERNAKULAM FILED ON 27.08.2022.

EXHIBIT P2 TRUE COPY OF THE SAID I.A.NO.8979 OF 2022 IN OP(DIVORCE)1420/2020 ON THE FILE OF THE FAMILY COURT, ERNAKULAM ALONG WITH THE AFFIDAVIT.

RESPONDENT'S EXHIBITS:        NIL.