Kerala High Court
Sabeela C.B vs Sufiyan on 22 October, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
2024:KER:79238
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
OP (FC) NO. 153 OF 2024
AGAINST THE ORDER IN I.A.NO.8/2024 IN OP NO.1329 OF 2017 OF
FAMILY COURT,ERNAKULAM
PETITIONER/PETITIONER:
SABEELA C.B., AGED 33 YEARS
CHITTAYIL VALLOPPILLY HOUSE,
V.K.C. POST, THEVAKKAL, KOCHI.,
PIN - 682021
BY ADVS.
ASHIK K.MOHAMED ALI
VISHNU V. NAIR
MUHAMMED RIFA P.M.
GAYATHRI ASHISH NAIR
NAZRIYA NOUSHAD
RESPONDENTS/RESPONDENTS:
1 SUFIYAN, AGED 39 YEARS, KANJIRATHINKAL
HOUSE, EDATHALA P.O, ALUVA-683561, PRESENTLY
RESIDING AT C/O MUHAMMED ALI, THENMALIPARAMBIL
HOUSE, EDATHALA P.O, ALUVA., PIN - 683561
2 ABDURABB NISTHAR, AGED 66 YEARS
KANJIRATHINKAL HOUSE, EDATHALA P.O,
ALUVA, PIN - 683561
3 AYISHABEEVI, AGED 59 YEARS, W/O ABDURABB
NISTHAR, KANJIRATHINKAL HOUSE, EDATHALA P.O,
ALUVA., PIN - 683561
4 JAIHAN, AGED 46 YEARS, S/O ABDURAB NISTHAR,
KANJIRATHINKAL HOUSE, EDATHALA P.O, ALUVA.,
PIN - 683561
2024:KER:79238
OP(FC) 153/2024
2
BY ADVS.
AKHEELA FARZANA
V.K.SIDHIQUE(S-459)
SAJITHA SIDHIK(S-929)
ANJALA FARHATH V.S.(K/000572/2024)
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:79238
OP(FC) 153/2024
3
JUDGMENT
Devan Ramachandran, J.
The petitioner concedes that O.P.No.1329/2017 filed by her
before the learned Family Court, Ernakulam, was dismissed for
default through Ext.P10 judgment. She says that she has preferred
Ext.P6 application, seeking to set aside the ex parte judgment and
to restore the Original Petition; but that, in the meanwhile, taking
advantage of Ext.P10 judgment, the respondents are trying to
alienate valuable property, which had been attached earlier.
2. Sri.Ashik K. Mohamed Ali - learned counsel for the
petitioner, pointed out that, as per the interim order of this Court
dated 11.03.2024, another learned Bench has allowed the
conditional attachment passed by the learned Family Court earlier,
as per Ext.P1, to continue; and that it is still in effect. He
consequently prayed that this Court direct the learned Family
Court to take up Ext.P6 application and dispose it of without any
avoidable delay.
3. Even though there appears to be appearance for the
2024:KER:79238
OP(FC) 153/2024
respondents, no one present when this matter was called, nor they
were present in person; thus constraining us to dispose of this
matter in their absence.
4. That said, however, we do not think there will be any
prejudice caused to the respondents because, all we propose to do
is to direct the learned Family Court to decide Ext.P6 without any
delay; and to keep the aforementioned interim order of this Court
alive until such time.
In the afore circumstances, without entering into the merits
of any of the rival contentions , we allow this Original Petition to
the limited extent of directing the learned Family Court to take up
Ext.P6 application of the petitioner, if it is still pending, and dispose of
the same, after affording necessary opportunity to both sides ; thus
culminating in an appropriate order thereon , as expeditiously as is
possible, but not later than two months from the date of receipt of
a copy of this judgment.
Needless to say, until such time as the afore exercise is
completed and the resultant order issued by the learned Family
2024:KER:79238
OP(FC) 153/2024
Court, the interim direction of this Court dated 11.03.2024 will
continue to be in force.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B. SNEHALATHA
JUDGE
RR
2024:KER:79238
OP(FC) 153/2024
APPENDIX OF OP (FC) 153/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 22-06-2017
IN IA NO. 2404 OF 2017 IN OP NO. 1329 OF
2017 BEFORE THE HONOURABLE FAMILY COURT,
ERNAKULAM.
Exhibit P2 TRUE COPY OF THE TALAQ LETTER DATED 23-
07-2016 ISSUED BY THE 1ST RESPONDENT TO
THE PETITIONER.
Exhibit P3 TRUE COPY OF THE PETITION FILED AS
CRL.M.P NO. 2848 OF 2023 IN MC NO. 9 OF
2017 BEFORE THE COURT OF THE JUDICIAL
MAGISTRATE OF THE FIRST CLASS-I, ALUVA.
Exhibit P4 TRUE COPY OF THE PETITION FILED AS
CRL.M.P NO. 171 OF 2023 IN MC 84 OF 2017
BEFORE THE HONOURABLE FAMILY COURT,
ERNAKULAM.
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 22-11-
2023 IN OP (CRL.) NO. 848 OF 2023 OF THIS
HONOURABLE COURT.
Exhibit P6 TRUE COPY OF THE PETITION FILED AS IA NO.
THE HONOURABLE FAMILY COURT, ERNAKULAM.
Exhibit P7 TRUE COPY OF THE PETITION FILED AS IA NO.
1.OF 2024 IN GOP NO. 936 OF 2018 BEFORE
THE HONOURABLE FAMILY COURT, ERNAKULAM.
Exhibit P8 TRUE COPY OF THE PETITION FILED AS
CRL.M.P NO. 45 OF 2024 IN MC NO. 84 OF
2017 BEFORE THE HONOURABLE FAMILY COURT,
ERNAKULAM.
Exhibit P9 TRUE COPY OF THE CAUSE LIST PUBLISHED BY
THE HONOURABLE FAMILY COURT, ERNAKULAM
FOR THE PROCEEDINGS ON 10-01-2024.
Exhibit P10 CERTIFIED COPY OF THE JUDGEMENT DATED 10-
2024:KER:79238
OP(FC) 153/2024
01-2024 OF THE HONOURABLE FAMILY COURT,
ERNAKULAM IN OP NO. 1329 OF 2017
