Najeem Muhammed vs Haseena Akbar
2022 Latest Caselaw 12112 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
      THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                              &
       THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
 THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA,
                          1944
                OP (FC) NO. 701 OF 2022
  SPEEDY DISPOSAL OF O.P.NO.261 OF 2022 OF THE FAMILY
                     COURT, KOLLAM

PETITIONER:


         NAJEEM MUHAMMED
         AGED 35 YEARS
         S/O. ABDUL KADHAR, VANNANAM HOUSE, THEKKUMBHA-
         GOM CHERRY, KOTTAPURAM VILLAGE, KOLLAM , PIN -
         691319

         BY ADVS.
         M.KIRANLAL
         MANU RAMACHANDRAN
         R.RAJESH (VARKALA)
         SAMEER M NAIR
         GEETHU KRISHNAN
         SAILAKSHMI MENON

RESPONDENT:


         HASEENA AKBAR
         AGED 34 YEARS
         D/O AKBAR N.B, NAGREZUTHU HOUSE, POOCHAKKAL
         CHERY,CHERPU VILLAGE, POOCHAKKAL P.O, CHER-
         THALA, ALAPPUZHA., PIN - 688526

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(FC)No.701 of 2022

                                2



                           JUDGMENT

Anil K. Narendran, J.

The petitioner filed O.P.(others)No.261 of 2022 before the

Family Court, Kollam, which is one filed against the respondent

herein-wife, seeking a declaration that the Thalaq pronounced

by him is valid. The original petition is one dated 26.05.2022.

The learned counsel for the petitioner would submit that the

original petition was filed on the very same day before the

Family Court, Kollam. On 09.06.2022, the petitioner filed an

interlocutory application, i.e., I.A.No.9 of 2022, seeking

expeditious disposal of O.P.(others)No.261 of 2022. The

petitioner is before this Court, invoking the supervisory

jurisdiction of this Court under Article 227 of the Constitution

of India, seeking an order directing the Family Court, Kollam

to consider Ext.P2 petition and dispose of Ext.P1 original

petition.

2. Heard the learned counsel for the petitioner.

3. As already noticed hereinbefore, Ext.P1 original

petition was filed before the Family Court, Kollam only on

26.05.2022. Immediately, after 14 days, the petitioner has O.P.(FC)No.701 of 2022

filed I.A.No.9 of 2022, seeking speedy disposal of O.P.No.261

of 2022.

4. In view of the law laid down by this Court in Shiju

Joy v. Nisha [2021 (2) KLT 607], Ext.P2 interlocutory

application filed by the petitioner, immediately after the filing

of O.P.No.261 of 2022, deserves no consideration.

In such circumstances, the original petition fails and the

same is accordingly dismissed. However, this judgment will

not stand in the way of the petitioner filing a fresh application

before the Family Court, strictly in terms of the directions

contained in the decision in Shiju Joy [2021 (2) KLT 607].

Sd/-

ANIL K.NARENDRAN JUDGE

Sd/-

P.G. AJITHKUMAR JUDGE

yd O.P.(FC)No.701 of 2022

APPENDIX PETITIONER EXHIBITS:

Exhibit P1 A TRUE COPY OF THE O.P NO.261/2022 FILED BEFORE THE FAMILY COURT, KOLLAM DATED 26.05.2022

Exhibit P2 A TRUE COPY OF THE I.A.NO.9 OF 2022 FILED BY THE PETITIONER FOR SPEEDY DISPOSAL DATED 09.06.2022

RESPONDENT'S EXHIBITS:NIL