Muhammed Abdunasir vs Sajida
2024 Latest Caselaw 29644 Ker

Kerala High Court

Muhammed Abdunasir vs Sajida on 17 October, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

O.P(FC) No.390 of 2024         1

                                               2024:KER:77541
            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.390 OF 2024

 AGAINST THE ORDER DATED 02.08.2023 IN I.A.NO.5 OF 2022 IN

           OP NO.1033 OF 2021 OF FAMILY COURT, TIRUR

PETITIONER/CLAIM PETITIONER/3RD PARTY:

            MUHAMMED ABDUNASIR
            AGED 62 YEARS
            S/O MUHAMMED ATHAKKAVEEDU HOUSE PONNANI NAGARAM
            AMSOM DESOM PO PONNANI NAGARAM MALAPPURAM
            DISTRICT, PIN - 679583


            BY ADVS.
            JAMSHEED HAFIZ
            T.S.SREEKUTTY




RESPONDENTS/RESPONDENTS/PETITIONER & RESPONDENT:

     1      SAJIDA, AGED 49 YEARS
            D/O ABOOBACKER THEKKEPATTTA PARAMB HOUSE
            ESWARAMANGALAM AMSOM DESOM PONNANI TALUK
            MALAPPURAM DISTRICT, PIN - 679573
 O.P(FC) No.390 of 2024     2

                                               2024:KER:77541

     2      ABDUL SALAM
            AGED 58 YEARS
            S/O MUHAMMED MAYANTHRIKAM @ KULANGARA VEEDU
            PONNANI NAGARAM AMSOM DESOM PONNANI TALUK,
            MALAPPURAM DISTRICT, PIN - 679573


            BY ADVS.
            NIRMAL S
            FATHIMA NASREEN S
            VEENA HARI(K/775/2006)
            MOHAMED BASHEER E.(K/995/2003)



      THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P(FC) No.390 of 2024     3

                                                2024:KER:77541
                          JUDGMENT

Devan Ramachandran, J.

Even though Ext.P4 order of the learned Family Court,

Tirur, is challenged before us in this Original Petition, it is

conceded by the learned Counsel for the petitioner and the

2nd respondent - who are brothers, that they will move the

learned Family Court with a fresh application, to have the

property substituted by another, of either equal value or

which is enough to answer the claim of the 1 st respondent -

wife.

2. Smt.Veena Hari - learned Counsel for the 1st

respondent, did not oppose the afore liberty sought for by the

petitioner and the 2nd respondent; however, praying that the

learned Trial Court be directed to ensure that the valuation of

the new property is properly done before any orders are

issued.

In the above circumstances, with the consent of both

2024:KER:77541 sides, we close this Original Petition without intervening with

Ext.P4; however, leaving full liberty to either the petitioner or

the 2nd respondent, or both of them, to move appropriate

application/s before the learned Family Court, Tirur, in the

manner that they have submitted above; and if this is done,

the said Court will evaluate the same, after properly

assessing the value of the property which is to be

substituted; and then issue a fresh order thereon, after

affording necessary opportunities.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

M.B. SNEHALATHA JUDGE

18/10/2024

2024:KER:77541 APPENDIX OF OP (FC) 390/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE O.P. NO. 1033/2021 BEFORE THE FAMILY COURT TIRUR FILED BY THE 1ST RESPONDENT HEREIN DATED 21.12.2021

Exhibit P2 TRUE COPY OF THE IA. 5/2022 IN O.P. NO.

1033/2021 BEFORE THE FAMILY COURT TIRUR FILED BY THE PETITIONER DATED 13.09.2022

Exhibit P3 TRUE COPY OF THE COUNTER IN IA. 5/2022 IN O.P. NO. 1033/2021 BEFORE THE FAMILY COURT TIRUR FILED BY THE 1ST RESPONDENT DATED 04.11.2022

Exhibit P4 TRUE COPY OF THE ORDER IN IA. 5/2022 IN OP. 1033/2021 PASSED BY THE FAMILY COURT TIRUR DATED 02.08. 2023