Kerala High Court
Ratheena vs Muhammed Sharshad on 3 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946
OP (FC) NO. 293 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.1366 OF 2023 OF FAMILY
COURT,ERNAKULAM
PETITIONER(S)/PETITIOENR:
RATHEENA
AGED 39 YEARS
PC HOUSE, BALLUSSERY MUKKU, NANMANDA,
KOZHIKODE, KERALA, PIN - 673613
BY ADVS.
M.SANTHI (K/868/2011)
G.RANJU MOHAN
SREEHARI M.B.
PYARIN B. KURUVITHADAM
THEERTHA NAIR A.P.
DEV NATH A.
RESPONDENT(S)/RESPONDENT:
MUHAMMED SHARSHAD
AGED 47 YEARS
BANIYANDI HOUSE, MUMMYMUKKU, PERINGADI PO,
NEW MAHI NOW RESIDING AT E 5204, APPASWAMY TRELLIS,
VADAPALANI, CHENNAI, PIN - 600026
BY ADV.:
ADV.SHINOD NARAYANAN
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC) NO. 293 OF 2024 -2-
JUDGMENT
DEVAN RAMACHANRAN, J.
The limited plea of the petitioner is that Ext.P5
application, filed by her before the Family Court,
Ernakulam, be directed to be taken up and dispose of
at the earliest. She makes a corollary plea that the
respondent be directed to produce the passports of
the children before the Family Court, as has been
ordered earlier.
2. In response to the afore requests of the
petitioner, as made by her learned Counsel -
Smt.M.Santhi, the learned counsel for the
respondent - Sri.Shinod Narayanan, submitted that
his client does not stand in the way of Ext.P5 being
directed to be disposed of at the earliest, conceding
that the main matter is listed on 06.05.2024. He
added that, as regards the production of passports,
his client has objections, which he will impel before
the Family Court; and therefore, requested that no
affirmative orders be issued in this original petition.
3. We have considered the afore rival positions
and are of the view that we will be justified only in
directing the learned Family Court to take up Ext.P5
on the next hearing date and dispose it of, without
any avoidable delay thereafter. As regards the
production of passports, it is upto the petitioner to
press for necessary orders before the learned Family
Court, which will then consider the same and issue
orders on such also.
4. Resultantly, this Original Petition is
allowed; directing the learned Family Court to take
up Ext.P5 on the day when the main matter is listed
and dispose of the same, after hearing both sides,
within a period of two weeks thereafter.
As regards the production of passports of
children, the petitioner is at liberty to move the
Family Court appropriately, which will also be then
considered and the orders issued within the afore
time frame.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
EASWARAN S.
JUDGE
vv
APPENDIX OF OP (FC) 293/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE OP NO.1366/2023
DATED 07-06-2023
EXHIBIT P2 A TRUE COPY OF THE ORDER OF THE FAMILY
COURT ERNAKULAM IN IA NO. 2/2023 &
3/2023 IN OP 1366/2023 DATED 01-07-
EXHIBIT P3 TRUE COPY OF THE IA NO.8/2024 IN OP
1366/2023 DATED 14-03-2024
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS IN OP
1366/2023 DATED 1.4.2024
EXHIBIT P5 A TRUE COPY OF THE IA NO.10/2024 IN OP
1366/2023 DATED 02-04-2024
EXHIBIT P6 A TRUE COPY OF IA NO 11/2024 IN OP
1366/2023 DATED 17-04-2024 FILED BY
RESPONDENT
EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS IN OP
1366/2023 DATED 17.4.2024, 24.4.2024,
AND 27.4.2024
