Aayisha A vs Ahadh Haneef
2022 Latest Caselaw 5411 Ker

OP (FC) No.276/2022                        1/4

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                            &
                         THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
              Friday, the 20th day of May 2022 / 30th Vaisakha, 1944
                            OP (FC) NO. 276 OF 2022(R)
                 OP(OTHERS)No. 113/2022 OF FAMILY COURT, CHAVARA.
   PETITIONER/PETITIONER IN OP:

           AAYISHA. A., D/O.M.A. SALAM, AGED 26 YEARS,
           DARUL SALAM, PALAKKAL, THEVALAKKARA,
           KARUNAGAPPALLY, KOLLAM- 690 524.

   RESPONDENT/RESPONDENT IN OP:

           AHADH HANEEF, S/O.MUHAMMED HANEEFA, AGED 30 YEARS,
           ANDOOR HOUSE, CHENNAPPADY P.O., KANJIRAPPALLY, KOTTAYAM-686 520,
           REPRESENTED BY HIS POWER OF ATTORNEY HOLDER AND MOTHER JASMINE
           HANEEF, W/O. MUHAMMED HANEEFA, ANDOOR HOUSE, CHENNAPPADY P.O.,
           KANJIRAPPALLY, KOTTAYAM-686 520.

        OP (Family Court) praying inter alia that in the circumstances
   stated in the affidavit filed along with the OP (FC) the High Court be
   pleased to stay the operation and implementation of Exhibit P9 order in IA
   No.2/2022 in OP(Others)No.113/2022 on the file of the Family Court,
   Chavara and permit the petitioner to solemnize her second marriage as per
   Exhibit P7.
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of OP (FC) and upon hearing the arguments
   of SRI.B.MOHANLAL, Advocate for the petitioner, the court passed the
   following:

                                                           P.T.O.
 OP (FC) No.276/2022                       2/4




                      A.MUHAMED MUSTAQUE & SOPHY THOMAS, JJ.
                      ---------------------------------------------
                                 O.P.(FC) No.276 of 2022
                      ---------------------------------------------
                           Dated this the 20th day of May, 2022

                                        O R D E R

A.Muhamed Mustaque, J.

Admit.

2. Issue notice to the respondent by speed post.

3. In the matrimonial dispute pending before the

Family Court, the wife who is a Muslim woman invoked

extra-judicial divorce. In that proceedings, the Family

Court recorded the extra-judicial divorce and declared

that the parties are no longer husband and wife. After

the declaration, the respondent who was the former

husband moved a petition before the same Family Court

by separate proceedings and obtained an order of ad-

interim injunction restraining the petitioner from

contracting any other marriage. We are of the prima

facie view that the Family Court had not applied its

mind before granting such relief.

OP (FC) No.276/2022 3/4

In such circumstances, we are of the view that the

impugned order has to be stayed. Accordingly, it is

stayed. We make it clear that on the basis of the stay

granted by this Court, the petitioner has no impediment

in contracting any other marriage in accordance with law

and the Mahal Committee can take note of this order for

registering any marriage in accordance with law. Post

along with Mat.Appeal No.323/2022.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

                                                        SOPHY THOMAS, JUDGE
              ln




20-05-2022                      /True Copy/                           Assistant Registrar
 OP (FC) No.276/2022                 4/4

                       APPENDIX OF OP (FC) 276/2022
EXHIBIT P7            THE TRUE COPY OF THE JUDGMENT DATED 11/04/2022 IN OP

NO.950/2019 OF THIS HONOURABLE COURT. Exhibit.P9 THE TRUE COPY OF THE AD-INTERIM INJUNCTION DATED 16.04.2022 IN I.A NO.2/2022 IN O.P(OTHERS) NO.113/2022 OF FAMILY COURT, CHAVARA.