Muhammed Rafeek vs Foujamma
2022 Latest Caselaw 5097 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
       THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                  &
             THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
    FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
                     OP (FC) NO. 253 OF 2022
     IN THE MATTER OF I.A.NO.1/2022 AND I.A.NO.2/2022 IN
  I.A.NO.830/2018 AND I.A.NO.831/2018 IN O.P.NO.95/2015 OF
                      FAMILY COURT, PALAKKAD
PETITIONER/PETITIONER:

         MUHAMMED RAFEEK, AGED 46 YEARS
         S/O. CHELLA RAWTHER, CANAL MUKKU,
         VANDITHAVALAM, CHITTUR TALUK,
         PALAKKAD DISTRICT, PIN - 678534

         BY ADVS.
         RAJESH SIVARAMANKUTTY
         ARUL MURALIDHARAN



RESPONDENT/RESPONDENT:

         FOUJAMMA, AGED 44 YEARS
         W/O. MUHAMMED RAFEEK,
         FARSANA MANZIL, MANKAVU,
         EDAYAR STREET,
         PALAKKAD DISTRICT, PIN - 678001


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
06.05.2022,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(F.C) No.253 of 2022

                                  2




                     DEVAN RAMACHANDRAN &
                        SOPHY THOMAS, JJ.
      -------------------------------------------------
                    O.P.(F.C) No.253 of 2022
      -------------------------------------------------
             Dated this the 6th day of May, 2022

                       J U D G M E N T

DEVAN RAMACHANDRAN, J.

The respondent before the Family Court in O.P.No.95

of 2015 has sought that three of his applications

namely Exts.P5 to P8 be directed to be disposed of by

the said court within a time frame.

2. The facts involved reveal that the petitioner

suffered a decree in the aforementioned original

petition filed by his wife/respondent herein and that

he moved an application for setting aside the same,

which was dismissed for default. It is to set aside

that order that he preferred the present application,

along with a petition to condone delay.

3. Prima facie, it is clear that, whatever be the O.P.(F.C) No.253 of 2022

reason, the petitioner has been rather careless in the

prosecution of his remedies and we are therefore of the

view that, though he can be granted the prayers sought

for before us, the time frame need not be fixed to a

very short one.

Resultantly, we allow this original petition and

direct the Family Court, Palakkad, to take up Exts.P5

to P8 and dispose the same, after following the due

procedure and also after hearing both sides; thus

culminating in appropriate orders thereon, as

expeditiously as possible, but not later than two

months from the date of receipt of a copy of the

judgment.

This original petition is disposed of accordingly.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

Sd/-

SOPHY THOMAS, JUDGE AS O.P.(F.C) No.253 of 2022

APPENDIX OF OP (FC) 253/2022

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 29.11.216 IN O.P. NO. 95/2015 PASSED BY THE FAMILY COURT, PALAKKAD

EXHIBIT P2 TRUE COPY OF THE AFFIDAVIT AND PETITION AS I.A. NO. 830/2018 IN O.P. NO. 95/2015 DATED 31.5.2018 FILED BEFORE THE FAMILY COURT, PALAKKAD

EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT AND PETITION AS I.A. NO. 831/2018 IN O.P. NO. 95/2015 DATED 31.5.2018 FILED BEFORE THE FAMILY COURT, PALAKKAD

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 16.6.2018 IN I.A. NO. 830/2018 IN O.P. NO. 95/2015 PASSED BY THE FAMILY COURT, PALAKKAD

EXHIBIT P5 TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 11.4.2022 AS I.A. NO. 1/2022 IN I.A. NO. 830/2018 IN O.P. NO. 95/2015 FILED BY PETITIONER AGAINST RESPONDENT ON THE FILES OF FAMILY COURT, PALAKKAD

EXHIBIT P6 TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 11.4.2022 AS I.A. NO. 2/2022 IN I.A. NO. 830/2018 IN O.P. NO. 95/2015 FILED BY PETITIONER AGAINST RESPONDENT ON THE FILES OF FAMILY COURT, PALAKKAD

EXHIBIT P7 TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 11.4.2022 AS I.A. NO. 2/2022 IN I.A. NO. 831/2018 IN O.P. NO. 95/2015 FILED BY PETITIONER AGAINST RESPONDENT O.P.(F.C) No.253 of 2022

ON THE FILES OF FAMILY COURT, PALAKKAD

EXHIBIT P8 TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 11.4.2022 AS I.A. NO. 1/2022 IN I.A. NO. 831/2018 IN O.P. NO. 95/2015 FILED BY PETITIONER AGAINST RESPONDENT ON THE FILES OF FAMILY COURT, PALAKKAD

EXHIBIT P9 TRUE COPY OF THE FINAL DECREE PROCEEDINGS AS F.D. I.A. NO. 332/2017 IN O.P. NO. 95/2015 DATED 28.2.2017 FILED BY RESPONDENT AGAINST THE PETITIONER BEFORE FAMILY COURT, PALAKKAD