Sija vs Saifudheen on 4 April, 2019

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Kerala High Court

Sija vs Saifudheen on 4 April, 2019

Bench: Alexander Thomas

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

   THURSDAY, THE 4TH DAY OF APRIL 2019 / 14TH CHAITHRA, 1941

                       OP(CRL.).NO. 158 OF 2019

   AGAINST THE ORDER/JUDGMENT IN MC 298/2014 OF FAMILY COURT,
                            ATTINGAL


PETITIONERS:

      1        SIJA, AGED 36 YEARS,
               D/O MAJEED,NOORA MANZIL,ELAMBA.P.O,
               VALAKKADU,MUDAKKAL VILLAGE.

      2        SIYANA, AGED 18 YEARS,
               D/O.SIJA,NOORA MANZIL,ELAMBA.P.O,
               VALAKKADU,MUDAKKAL VILLAGE.

      3        SHIFANA, AGED 15 YEARS,
               D/O.SIJA,NOORA MANZIL,ELAMBA.P.O,
               VALAKKADU,MUDAKKAL VILLAGE.

      4        NOORA, AGED 11 YEARS,
               D/O.SIJA,NOORA MANZIL,ELAMBA.P.O,
               VALAKKADU,MUDAKKALL VILLAGE.
               PETITIONERS 3 AND 4 MINORS REPRESENTED BY THEIR
               MOTHER, THE 1ST PETITIONER).

               BY ADV. SRI.R.GOPAN


RESPONDENT:

               SAIFUDHEEN, AGED 42 YEARS,
               S/O.ABDUL RAHIM,THENGUVILA VEEDU,EDAPPATHA,
               VETTIYARA.P.O,NOW RESIDING AT PALLIVILA PUTHEN
               VEEDU,VAKKOM.P.O,VAKKOM VILLAGE-695001.

               SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR


     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION             ON
04.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                           ALEXANDER THOMAS, J.

---------------------------------- O.P.(Crl.) No. 158 of 2019

--------------------------------- Dated this the 4th day of April, 2019 JUDGME NT The prayers in the above Original Petition (Criminal) filed under the enabling provisions contained in Article 227 of the Constitution of India are as follows:

"

i. Issue an order or direction directing the Family Court, Attingal to dispose of CMP No.480/2018 in M.C.No.298/2014 expeditiously as possible within the time fixed by this Honourable Court.

ii. Such other order or direction as this Honourable Court may deem fit and proper in the circumstances of this case. "

2. Having regard to the facts and circumstances of the case, it is ordered in the interest of justice that the Family Court, Attingal will take all reasonable measures possible to ensure the early disposal of C.M.P. No.480/2018 in M.C.No.298/2014 after affording reasonable opportunity of being heard to both sides, without much delay preferably within a period of 2 months from the date of production of a certified copy of this judgment.

With these observations and directions the above Original Petition (Criminal) will stand disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE MMG O.P.(Crl.) No. 158 / 2019 ..3..

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE ORDER DATED 23.6.2016 IN M.C.NO.298/2014 PASSED BY THE FAMILY COURT,ATTINGAL.


EXHIBIT P2                  PHOTOCOPY OF THE CMP NO.480/2018 IN
                            M.C.NO.298/2014     FILED     BY    THE
                            PETITIONERS     BEFORE    THE    FAMILY

COURT,ATTINGAL DATED 28.7.2018.

EXHIBIT P3 PHOTOCOPY OF THE OBJECTION FILED BY THE RESPONDENT AGAINST THE ORDER IN CMP NO.480/2018 IN M.C.NO.298/2014 OF THE FAMILY COURT,ATTINGAL.

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