Muhammed Hassan vs Nissamol @ Hairunnisa
2025 Latest Caselaw 8338 Ker

Kerala High Court

Muhammed Hassan vs Nissamol @ Hairunnisa on 29 April, 2025

                                                                  2025:KER:33247


                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                   THE HONOURABLE MR. JUSTICE G.GIRISH

                                         &

               THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

     TUESDAY, THE 29TH DAY OF APRIL 2025 / 9TH VAISAKHA, 1947

                            OP (FC) NO. 259 OF 2025

        AGAINST THE JUDGMENT DATED 06.05.2024 IN OP(OTHERS) NO.1432

                    OF 2022 OF FAMILY COURT, ALAPPUZHA

PETITIONERS/2ND RESPONDENT:

            MUHAMMED HASSAN,
            AGED 70 YEARS,
            POZHICKAL HOUSE, PUNNAPRA P.O., PUNNAPRA VILLAGE,
            AMBALAPPUZHA, ALAPPUZHA, PIN - 688004

            BY ADVS.
            J.RAMKUMAR
            C.K.SHERIN



RESPONDENTS:

    1       NISSAMOL @ HAIRUNNISA
            AGED 35 YEARS,
            D/O. SHAMSUDHEEN, LAKSHAM VEEDU, KAKKAZHAM P.O.,
            AMBALAPUZHA, ALAPPUZHA, PIN - 688005

    2       SHEMEER, AGED 41 YEARS,
            S/O. MUHAMMED HASSAN, POZHICKAL HOUSE,
            PUNNAPRA P.O., PUNNAPRA VILLAGE, AMBALAPPUZHA,
            ALAPPUZHA, PIN - 688004



     THIS   OP    (FAMILY    COURT)    HAVING   COME   UP   FOR    ADMISSION   ON
29.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                  2025:KER:33247
OP (FC) NO. 259 OF 2025

                                        2



                                  JUDGMENT

K. V. JAYAKUMAR, J.

The petitioner herein is the 2nd respondent in O.P(Others)

No.1432/2022 on the file of the Family Court, Alappuzha. The said

original petition was filed by the 1 st respondent for return of gold and

money from the petitioner and the 2 nd respondent herein. The

petitioner is the father of the 2nd respondent.

2. The learned counsel for the petitioner submitted that when

the matter was posted before the Family Court, the petitioner could not

appear and an ex parte judgment and decree was passed against him.

Eventhough, the petitioner filed an application to set aside the ex parte

judgment and decree in the aforementioned OP, the Family Court has

not disposed of I.A.No.5/2024 so far. In the meanwhile, 1 st respondent

filed EP No.13 of 2025 for the execution of the decree.

3. Considering the nature of the reliefs claimed herein in this

OP, we deem it appropriate that the notice to the respondents could be

dispensed with.

4. The grievance of the petitioner is that the petition filed by 2025:KER:33247 OP (FC) NO. 259 OF 2025

him for setting aside the exparte decree and judgment has not been

considered by the Family Court so far.

Upon hearing the submission of the petitioner we are of the

view that this petition can be disposed of with the following direction:

The Family Court, Alappuzha, shall consider

I.A.No.5/2024, filed by the petitioner herein, at the earliest,

preferably within a period of three weeks from the date of

receipt of a copy of this judgment. Till then, there will be

an interim stay of all further proceedings in

E.P. No.13/2025.

Sd/-

G.GIRISH JUDGE

Sd/-

K. V. JAYAKUMAR JUDGE msp 2025:KER:33247 OP (FC) NO. 259 OF 2025

APPENDIX OF OP (FC) 259/2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 06.05.2024 IN OP (OTHERS)NO. 1432/2022 OF HON'BLE FAMILY COURT, ALAPPUZHA

Exhibit P2 A TRUE COPY OF I.A.NO.5/2024 IN OP (OTHERS) NO. 1432/2022 OF HON'BLE FAMILY COURT, ALAPPUZHA