Kerala High Court
K.H. Abdul Shukoor vs M.M. Zarin on 17 October, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
2024:KER:77697
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
OP (FC) NO. 626 OF 2024
AGAINST THE ORDER DATED 09.10.2024 IN OP NO.1527 OF 2023 OF
FAMILY COURT, IRINJALAKUDA
PETITIONER/PETITIONER IN I.A.NO.4/2024/RESPONDENT IN
O.P.NO.1527/2023 OF FAMILY COURT, IRINJALAKUDA:
K.H. ABDUL SHUKOOR, AGED 53 YEARS
S/O LATE KUZHUPPILLY HAMEED, ANUGRAHA
MANZIL, VADAMA VILLAGE, MALA DESOM & P.O,
CHALAKUDY TALUK, THRISSUR, PIN - 680735
BY ADVS.
KARTHIKA MARIA
ARUN THOMAS
ANIL SEBASTIAN PULICKEL
VEENA RAVEENDRAN
LEAH RACHEL NINAN
MATHEW NEVIN THOMAS
JOE S. ADHIKARAM
SHINTO MATHEW ABRAHAM
KURIAN ANTONY MATHEW
ANJALY ELIAS
SHYNI WILLIAM
NAVYA SEBY
RESPONDENT/RESPONDENT IN I.A.NO.4/2024/PETITIONER IN
O.P.NO.1527/2023 OF FAMILY COURT, IRINJALAKUDA :
M.M. ZARIN, AGED 48 YEARS, D/O MENILAKATH
MOHAMMED, IRINJALAKUDA DESOM, P.O & VILLAGE,
MUKUNDAPURAM TALUK, NOW RESIDING AT M.M.ZARIN,
D/O MOHAMMED.M.A, 17 B, NOEL ECODEN, THRIKKAKARA
P.O, KOCHI, PIN - 682021
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OP(FC) 626/24
2
BY ADVS.
MOHAMMED SHAD K.A.(K/001636/2023)
SRI SIRAJ KAROLY
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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3
JUDGMENT
Devan Ramachandran, J.
The petitioner impugns Ext.P5 order of the learned Family
Court, Irinjalakkuda.
2. Sri.P.B.Krishnan, learned Senior Counsel, instructed by
Smt.Karthika Maria - learned counsel for the petitioner, submitted
that his client moved I.A.No.4/2024 in O.P.No.1527/2023 before
the learned Family Court, seeking 45 days time to record his
statement, as ordered by this Court in Ext.P1 judgment, but which
has been rejected through Ext.P5, solely for the reason that this
Court had fixed a time frame. He prayed that Ext.P5 be set aside,
explaining that his client is seeking so since he has already moved
the Honourable Supreme Court against Ext.P1 judgment and is
hopeful of obtaining favourable orders.
3. Sri.Siraj Karoly - learned counsel for the respondent,
in response, submitted that the afore attempt is only to protract
the proceedings and nothing more. He argued that merely because
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OP(FC) 626/24
the respondent says he has moved the Honourable Supreme Court,
it was not incumbent upon the learned Family Court, or this
Court, to await orders to be obtained.
4. We are afraid that we cannot find full favour with the
afore submissions of Sri.Siraj Karoly because, the petitioner is
stated to have moved the Honourable Supreme Court within time;
and obviously, he must be afforded full opportunity to invoke his
available remedies. We are certain that the learned Trial Court
ought to have acceded to the request of the petitioner; but we find
no fault with it in having issued Ext.P5 because, it was also bound
to act as per the time frame fixed by us.
In the afore circumstances, we allow this Original Petition
and set aside Ext.P5; and consequentially, with the consent of both
sides, allow I.A.No.4/2024, granting the request as prayed for
therein.
We, however, clarify that this will not stop the learned
Family Court in acting as per the directions in Ext.P1, subject to
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any orders to be issued by the Honourable Supreme Court, after
the time frame as allowed by us herein expires.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B. SNEHALATHA
JUDGE
RR
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OP(FC) 626/24
APPENDIX OF OP (FC) 626/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT IN OP(FC) 530
OF 2024 DATED 02.09.2024
Exhibit P2 SCREENSHOTS OF THE CASE STATUS OF
ASBI.K.N. PENDING BEFORE THE SUPREME
COURT OF INDIA TAKEN FROM THE OFFICIAL
WEBSITE OF SUPREME COURT
Exhibit P3 TRUE COPY OF THE JUDGEMENT IN MOHAMMED
RAFI V. STATE OF TAMIL NADU, [2023 SCC
ONLINE MAD 471] DATED 11.01.2023.
Exhibit P4 TRUE COPY OF I.A 4/2024 IN OP 1527/2023
FILED BY THE PETITIONER BEFORE THE FAMILY
COURT, IRINJALAKUDA DATED 05.10.2024
Exhibit P5 CERTIFIED COPY OF THE ORDER ISSUED BY
FAMILY COURT, IRINJALAKUDA IN I.A 4/2024
IN OP 1527/2023 DATED 09.10.2024
Exhibit P6 SCREENSHOTS OF THE CASE STATUS OF DIARY
NO.47878/2024 FILED BEFORE THE SUPREME
COURT OF INDIA
