Sajana Salim vs Naveen Najeeb
2022 Latest Caselaw 11007 Ker

                                   -1-
O.P.(FC)No.621 of 2022




           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 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA,
                                  1944

                         OP (FC) NO. 621 OF 2022



PETITIONER/S:



            SAJANA SALIM, AGED 31 YEARS
            D/O. M. SALIM, NEST, 9-KAPRASSERY, CHENGAMANAD,
            NEDUMBASSERY, ERNAKULAM, PIN - 683585

            BY ADVS.
            AJEESH S.BRITE
            A.SHAJEEL
            FRANCIS ASSISI
            STEPHY JOSEPH
            REEGA V.R.
            ATHIRA K. SALIM
            VARGHESE KOCHERI



RESPONDENT/S:



     1      NAVEEN NAJEEB
            AGED 36 YEARS
            S/O. NAJEEB M.S, POURNAMI SHANKAR
            NAGAR,CHINNAKADA, KOLLAM, PIN - 691001

     2      NAJEEB M.S.
            AGED 65 YEARS
                                -2-
O.P.(FC)No.621 of 2022



             S/O. M.M.NOOH, POURNAMI, SHANKAR NAGAR,
             CHINNAKADA, KOLLAM, PIN - 691001

     3       NADEERABEEGAM
             AGED 64 YEARS
             W/O. NAJEEB M.S POURNAMI HOUSE, SHANKAR NAGAR,
             CHINNAKADA,
             KOLLAM ., PIN - 691001

         THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                  -3-
O.P.(FC)No.621 of 2022



                          JUDGMENT

Anil K. Narendran, J.

The petitioner filed O.P.No.1059 of 2020 before the

Family Court, Ernakulam, against the respondent herein for

return of money and gold. She also filed O.P.No.2899 of 2022

before the said Court, against the 1st respondent herein

seeking a decree of dissolution of the marriage which was

solemnised on 19.10.2018 as per Muslim Customary Rights.

The petitioner has filed this original petition invoking the

supervisory jurisdiction of this Court under Article 227 of the

Constitution of India, seeking an order directing the Family

Court, Ernakulam to dispose of the aforesaid original petitions,

i.e., O.P.Nos.1059 of 2020 and 2899 of 2022, within a time

frame. In support of the said relief the petitioner has placed

reliance on Ext.P2 Medical Certificate issued by Dr.Aju Mathew

of Ernakulam Medical Centre, Ext.P3 patient card to show that

she is under treatment for cancer at Kovai Medical Centre

Hospital, Coimbatore and Ext.P4 Medical Certificate issued by

Dr.Diraviaraj of Devi Hospital, Coimbatore. In the original

petition, it is stated that the petitioner is admitted in Devi

Hospital, Coimbatore with Advanced Cancer Stomach-

Recurrence with Multiple Secondary Deposits. The observation

O.P.(FC)No.621 of 2022

in Ext.P4 reads thus;

"She appears to have only a few weeks/months to survive."

2. Heard the learned counsel for the petitioner.

Considering the nature of relief proposed to be granted,

service of notice on the respondents is dispensed with.

Having considered the materials on record and also the

submissions made by the learned counsel for the petitioner,

we deem it appropriate to dispose of this original petition,

directing the Family Court, Ernakulam to ensure time bound

disposal of O.P.Nos.1059 of 2020 and 2899 of 2022 as

expeditiously as possible. This direction is issued considering

the peculiar facts and circumstances as borne out from

Exts.P2 to P4 Medical Certificates. The petitioner shall place

on record Exts.P2 to P4 Medical Certificates before the Family

Court. On production of a certified copy of this judgment, the

Family Court shall advance O.P.Nos.1059 of 2020 and 2899 of

2022 to the very next day.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

P.G. AJITHKUMAR, JUDGE Raj.

04.11.2022.

O.P.(FC)No.621 of 2022

APPENDIX OF OP (FC) 621/2022

PETITIONER EXHIBITS

Exhibit1 TRUE COPY OF THE MEMORANDUM OF ORIGINAL PETITION BEARING NO.O.P.1059/2020 DATED 25.06.2020 BY THE PETITIONER HEREIN UNDER SECTION 7 OF THE FAMILY COURT ACT R/W ORDER IV,VI,VII, VIII SECTION 26 OF CIVIL PROCEDURE CODE BEFORE THE FAMILY COURT AT ERNAKULAM.

Exhibit2 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED DR.AJU MATHEW OF ERNAKULAM MEDICAL CENTER DATED 24/05/2022.

Exhibit3 TRUE COPY OF THE PATIENT CARD OF CANCER AT KOVAI MEDICAL CENTER AND HOSPITAL.

Exhibit4 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. R. DIRAVIARAJ, OF DEVI HOSPITAL, COIMBATORE DATED 22.10.2022

Exhibit5 TRUE COPY OF THE MEMORANDUM OF ORIGINAL PETITION BEARING NO.O.P.2899/2022 DATED 17.10.2022 BY THE PETITIONER HEREIN UNDER SECTION 2(8) OF THE MUSLIM MARRIAGE ACT BEFORE THE FAMILY COURT AT ERNAKULAM.

O.P.(FC)No.621 of 2022