Kerala High Court
Najumma vs Sakkir Hussam on 5 April, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
OP (FC) NO. 234 OF 2024
ORDER IN E.P 58/2016 IN OP NO.1468 OF 2013 OF FAMILY COURT,
ATTINGAL
PETITIONER/1ST DECREE HOLDER/1ST PETITIONER:
NAJUMMA
AGED 40 YEARS
D/O ASUMA BEEVI, DARUL SUM SUM, KADAYIL, KONCHIRA
P.O., KANYAKULANGARA, VEMBAYAM VILLAGE, NEDUMANGAD
TALUK, THIRUVANANTHAPURAM, PIN - 695615
BY ADV LATHEESH SEBASTIAN
RESPONDENT/JUDGMENT DEBTOR/1ST RESPONDENT:
SAKKIR HUSSAM
AGED 53 YEARS
S/O UMMAR KUNJU, DANA MANZIL,
PUTHUVAL PUTHEN VEEDU, MURIKKUMPUZHA P.O.,
VEILOOR VILLAGE, MARTHANDAM KARI,CHIRAYINKEEZHU,
THIRUVANANTHAPURAM, PIN - 695302
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (FC) No. 234 of 2024
2
JUDGMENT
The petitioner states that in the year 2013, she had approached the
Family Court, Attingal by filing O.P No.1468 of 2013 for recovery of
amounts. The matter was disposed of on merits by judgment dated
22.09.2015. Challenging the judgment and decree, Mat. Appeal No.1343
of 2017 was preferred before this Court. While the matter was pending,
the parties arrived at settlement and the case was disposed of in terms of
the settlement agreement. The grievance of the petitioner is that despite
the conclusion of the entire proceedings, no amount has yet been paid. It
is submitted that E.A. No.2/2024 in E.P. No.58/2016 has been filed before
the Family Court, Attingal to expedite the proceedings. It is highlighted
that the respondent was not even paying the maintenance due to the
minor children.
2. Sri.Latheesh Sebastian, the learned counsel submits that there
is no justification on the part of the Family Court in delaying the execution
proceedings particularly when the disputes were settled in terms of an
agreement.
3. We heard the learned counsel appearing for the petitioner and
have gone through the records. In view of the nature of order that we
propose to pass, notice to the respondent is dispensed with.
4. We find that it is in terms of a settlement agreement entered
into between the parties, the disputes were resolved. We also find that
the respondent has preferred Ext.P6 Review Petition before the Family
Court, Attingal and the same is pending. We also note that an application
has also been filed by the petitioner to expedite the proceedings. The
main grievance of the petitioner is that no orders have been passed by the
Family Court and the matter is being protracted.
5. Taking note of the fact that the appeal is of the year 2015 in a
proceeding which was instituted in the year 2013 and the fruits of the
order has not been obtained by the wife as well as the minor children, we
are of the view that the Family Court is bound to expedite the proceedings
and take the entire matter to its logical conclusion expeditiously.
Having regard to the facts, the Family Court, Attingal is directed to
take up the pending applications and conclude the proceedings
expeditiously, in any event, within an outer limit of three months.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
P.M.MANOJ
JUDGE
IAP
APPENDIX OF OP (FC) 234/2024
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 22.09.2015
IN O.P.NO.1468/2013 OF FAMILY COURT,
ATTINGAL
Exhibit P1(a) TRUE COPY OF THE EXECUTION PETITION E.P.
NO.58/2016 OF FAMILY COURT, ATTINGAL DATED
07.09.2016
Exhibit P2 TRUE COPY OF THE SETTLEMENT OF THE
PETITIONER AND RESPONDENT DATED 22.03.2019
Exhibit P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 30.09.2021 IN MAT APPEAL
Exhibit P4 TRUE COPY OF THE PETITION IN E.A NO.1/2022
IN E.P.NO.58/2016 BEFORE FAMILY COURT,
ATTINGAL
Exhibit P5 TRUE COPY OF THE OBJECTION OF THE
PETITIONER TO EXT.P4 PETITION
Exhibit P6 TRUE COPY OF THE REVIEW PETITION OF THE
RESPONDENT FILED BEFORE THE FAMILY COURT,
ATTINGAL
Exhibit P7 TRUE COPY OF THE OBJECTION OF THE
PETITIONER TO EXT.P6 REVIEW PETITION
Exhibit P8 TRUE COPY OF THE PETITION IN I.A NO.2/2024
IN E.P.NO.58/2016 IN O.P. NO.1468/2013
