Rubeena vs Hasheem
2025 Latest Caselaw 7982 Ker

Kerala High Court

Rubeena vs Hasheem on 16 April, 2025

Author: Amit Rawal

Bench: Amit Rawal

                                            2025:KER:32617
                             1
OP(FC) No.242 of 2025

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

           THE HONOURABLE MR. JUSTICE AMIT RAWAL

                             &

            THE HONOURABLE MR. JUSTICE P.M.MANOJ

 WEDNESDAY, THE 16TH DAY OF APRIL 2025 / 26TH CHAITHRA,

                            1947

                  OP (FC) NO. 242 OF 2025

        AGAINST THE ORDER/JUDGMENT DATED IN OP NO.69 OF

2018 OF FAMILY COURT, IRINJALAKUDA

PETITIONERS:

    1      RUBEENA, AGED 39 YEARS
           D/O ABDUL JABBAR, PONTHELAVALAPPIL HOUSE,
           MADAYIKKONAM P.O, MUKUNDAPURAM TALUK, THRISSUR
           DISTRICT, PIN - 680712

    2      MINOR MUHAMMED SINAN
           AGED 9 YEARS
           S/O HASHEEM REP BY 1ST PETITIONER MOTHER
           RUBEENA, AGED 39 YEARS, D/O ABDUL JABBAR,
           PONTHELAVALAPPIL HOUSE, MADAYIKKONAM P.O,
           MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN -
           680712

    3      MINOR MUHAMMED ADHINAN
           AGED 7 YEARS
           S/O HASHEEM REP BY 1ST PETITIONER MOTHER
           RUBEENA, AGED 39 YEARS, D/O ABDUL JABBAR,
           PONTHELAVALAPPIL HOUSE, MADAYIKKONAM P.O,
           MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN -
                                              2025:KER:32617
                              2
OP(FC) No.242 of 2025


            680712


            BY ADVS.
            ANAND KALYANAKRISHNAN
            C.DHEERAJ RAJAN
            LIBIN VARGHESE




RESPONDENTS:

    1       HASHEEM
            S/O YUSUF HAJI, PUTHIYAVEETTIL HOUSE,
            KIZHUPPILLIKKARA P.O, KIZHUPPILIKKARA DESOM,
            THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680702

    2       YUSUF HAJI (DIED)
            S/O HYDROSE, PUTHIYAVEETTIL HOUSE,
            KIZHUPPILLIKKARA P.O, KIZHUPPILIKKARA DESOM,
            THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680702

    3       SAINABA
            W/O YUSUF HAJI, PUTHIYAVEETTIL HOUSE,
            KIZHUPPILLIKKARA P.O, KIZHUPPILIKKARA DESOM,
            THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680702



        THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 16.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                           2025:KER:32617
                                   3
OP(FC) No.242 of 2025




                            JUDGMENT

Dated this the 16th day of April, 2025

AMIT RAWAL, J.

The present petition is directed against the impugned

order whereby the application for impleading the LRs of

respondent No.2 in the pending OP has been rejected on the

ground of delay and laches as the delay of 881 days was

unexplained.

2. The petitioner has filed a petition before the

Family Court for recovery of the gold ornaments by arraying

her husband as well as the father of the husband -

respondent No.2 since deceased. The death of the respondent

No.2 did not come to her notice, therefore, the delay of 881

days occurred.

3. We are of the view that such intricacies and

technical approach should not be adopted by the Court below

in rejecting the application. The delay was neither intentional

nor fatal. Accordingly, the impugned order is set aside 2025:KER:32617

allowing the application to bring on record the LRs of

respondent No.2, subject to cost of Rs.5,500/-to be paid to

respondent No.1.

Original petition stands allowed

sd/-

AMIT RAWAL JUDGE

sd/-

P.M.MANOJ JUDGE das 2025:KER:32617

APPENDIX OF OP (FC) 242/2025

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF MEMORANDUM OF ORIGINAL PETITION OF OP NO. 69/2018 ON THE FILES OF FAMILY COURT, IRINJALAKUDA DATED 18.01.2018

Exhibit P2 THE TRUE COPY OF THE OBJECTION DATED 02/08/2019 FILED BY THE RESPONDENT IN OP NO. 69/2018 ON THE FILES OF FAMILY COURT, IRINJALAKKUDA

Exhibit P3 THE TRUE COPY OF IA 09/2023 DATED 13/07/2023 IN OP. NO 69/2018 ON THE FILES OF FAMILY COURT, IRINJALAKUDA PREFERRED BY THE PETITIONERS

Exhibit P4 THE TRUE COPY OF IA 08/2023 DATED 13/07/2023 IN OP.NO 69/2018 ON THE FILES OF FAMILY COURT, IRINJALAKUDA

Exhibit P5 THE TRUE COPY OF IA 10/2023 DATED 13/07/2023 IN OP.NO 69/2018 ON THE FILES OF FAMILY COURT, IRINJALAKUDA

Exhibit P6 THE TRUE COPY OF THE OBJECTION DATED 13/07/2023 TO IA 09/2023 IN OP. NO 69/2018 ON THE FILES OF FAMILY COURT, IRINJALAKUDA

Exhibit P7 THE TRUE COPY OF THE OBJECTION DATED 13/07/2023 TO IA 08/2023 IN OP. NO 69/2018 ON THE FILES OF FAMILY COURT, IRINJALAKUDA

Exhibit P8 THE TRUE COPY OF THE OBJECTION DATED 13/07/2023 TO IA 10/2023 IN OP. NO 69/2018 ON THE FILES OF FAMILY COURT, 2025:KER:32617

IRINJALAKUDA

Exhibit P9 THE TRUE COPY OF THE ORDER DATED 04/09/2024 IN IA 08/2023, IA 09/2023, IA 10/2023 IN OP. NO 69/2018 ON THE FILES OF FAMILY COURT, IRINJALAKUDA

Exhibit P10 THE TRUE COPY OF THE E-COURT PROCEEDINGS IN OP 69/2018 ON THE FILES OF FAMILY COURT, IRINJALAKUDA