Kerala High Court
Umaiba vs Rasheed
Author: Harun-Ul-Rashid
Bench: Harun-Ul-Rashid, Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
&
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 6TH DAY OF AUGUST 2014/15TH SRAVANA, 1936
OP (FC).No. 375 of 2014 ()
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AGAINST OP 704/2013 of FAMILY COURT, MALAPPURAM
PETITIONER:
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UMAIBA
D/O. UMMER, KALLIDUMBAN HOUSE
KALIKAVU.P.O. NILAMBUR TALUK, MALAPPURAM DISTRICT.
BY ADV. SRI.A.AHZAR
RESPONDENT:
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RASHEED
S/O. AHAMMEDKUTTY, MADATHIL HOUSE, MUSLIYARKANDI
P.O. KIZHISSERY, AREEKKODE VIA ERANUD TALUK-673639.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
06-08-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No. 375 of 2014 ()
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APPENDIX
PETITIONER'S EXHIBITS
EXT.P1. TRUE COPY OF THE OP 704/2013 BEFORE THE HON'BLE FAMILY COURT,
MALAPPURAM.
EXT. P2.TRUE COPY OF THE MC NO 495/2013 OF HON'BLE FAMILY
COURT,MALAPPURAM.
RESPONDENT'S EXHIBITS
----------------------- NIL.
TRUE COPY
P.S.TO JUDGE
HARUN-UL-RASHID &
ALEXANDER THOMAS,JJ.
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O.P.(FC) NO. 375 OF 2014
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DATED THIS THE 6TH DAYOF AUGUST, 2014
JUDGMENT
Harun-Ul-Rashid, J.
Original Petition is filed seeking a direction directing the Family Court, Malappuram to dispose of O.P.No.704/2013 and M.C.No.495/2013 at an early date. Petitioner herein filed O.P.No.704/2013 for dissolution of marriage and M.C.No.495/2013 for monthly maintenance. Another prosecution was filed under Section 498A and 406 Cr.P.C. against the respondent-husband. It is said that the marital relationship between the parties is irretrievably broken. Petitioner prays for an early disposal of the cases pending before the court below. In the report submitted by the Judge, Family Court, Malappuram it is stated that the cases could be disposed of within a period of three months from the date of filing counter provided parties co-operate.
In the facts and circumstances of the case, we dispose of the original petition directing the Judge, Family Court, Malappuram to dispose of O.P.No.704/2013 and M.C.No.495/2013 -2- O.P.(FC)No.375/2014 as expeditiously as possible, at any rate, within a period of four months from the date of filing counter. In view of the limited prayer for early disposal, notice to the respondent is dispensed with.
HARUN-UL-RASHID, Judge.
ALEXANDER THOMAS, Judge.
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-3- O.P.(FC)No.375/2014
HARUN-UL-RASHID & ALEXANDER THOMAS,JJ.
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O.P.(FC) NO. 375 OF 2014
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DATEDTHIS THE 24TH DAY OF JULY, 2014 O R D E R Harun-Ul-Rashid, J.
O.P.No.704/2013 and M.C.No.495/2013 are pending consideration before the Family, Court, Malappuram. The petitioner filed this original petition seeking speedy disposal of the said cases. O.P.No.704/13 was filed by the petitioner seeking divorce under the provisions of the Dissolution of Muslim Marriages Act. M.C.No.495/2013 was filed under Section 125 (1) of the Code of Criminal Procedure seeking monthly maintenance. It is submitted that all the efforts made by mediators and relatives for an amicable settlement were in vain due to the hostile attitude of the respondent and the attitude never changed. It is also submitted that the cases were filed in the wake of continuous physical and metal cruelty.
Therefore, the Registry is directed to call for the report from the Family Court, Malappuram as to the present position of the case, whether it is ripe for trial and to ascertain the time within which the case can be disposed of.
Post after ten days.
-4- O.P.(FC)No.375/2014
HARUN-UL-RASHID, Judge.
ALEXANDER THOMAS, Judge.
kcv.