Kerala High Court
Mubeena vs Jalaludeen on 13 June, 2023
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
OP (FC) NO. 276 OF 2023
AGAINST THE ORDER/JUDGMENTOP 752/2021 OF FAMILY COURT,
NEDUMANGAD
PETITIONER/S:
MUBEENA
AGED 38 YEARS
D/O SEENATH BEEVI, MUBEENA MANZIL, VELLANCHIRA,
PANAVUR P.O, PANAVUR VILLAGE, NEDUMANGAD TALUK,
THIRUVANANTHAPURAM, PIN - 695568
BY ADVS.
SHYAM PADMAN
C.M.ANDREWS
BOBY M.SEKHAR
LAYA MARY JOSEPH
HARISH ABRAHAM
ASHWATHI SHYAM
RESPONDENT/S:
1 JALALUDEEN
AGED 47 YEARS
S/O ASEES, SIRAJ MANZIL, VELAVOOR, PIRAPPANCODU
P.O, MANIKKAL VILLAGE, NEDUMANGAD
TALUK,THIRUVANANTHAPURAM, PIN - 695607
2 THE SECRETARY
PULLAMALA MUSLIM JAMA ATH, PULLAMALA, ATTINPURAM,
PANAVUR P.O, PANAVUR VILLAGE, NEDUMANGAD TALUK,
O.P(FC) No.276/2023 2
THIRUVANANTHAPURAM, PIN - 695568
BY ADV Latheesh Sebastian Sebastian
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P(FC) No.276/2023 3
A. MUHAMED MUSTAQUE & SOPHY THOMAS, JJ
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O.P(FC) No. 276 of 2023
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Dated this the 13th of June 2023
J U D G M E N T
A. Muhamed Mustaque, J This original petition is filed by the respondent in O.P No.752/2021 on the files of Family Court Nedumangad. The petitioner and the 1 st respondent got married in accordance with the Muslim customary rites and ceremonies. The petitioner invoked extra judicial divorce of khula. The same is under challenge before the Family Court Nedumangad in O.P No.752f/2021 filed by the 1st respondent. Khula is a form of extra judicial divorce. This Court in 2021(2) KLT 967 detailed the procedure to be followed for effecting khula. O.P(FC) No.276/2023 4 Thereafter in another Division Bench in Asbi v. Hashim 2021 (6) KLT 292 directed the Family Court to follow the procedure in dealing with the challenge in extra judicial divorce. It is seen that an interim injunction order has been passed by the Family Court injuncting the petitioner from contracting another marriage. Absolutely there was no application of mind in passing such injunction order. It is only when there is a strong prima facie case that such an injunction could have been passed. We deprecate this kind of practice adopted by the Family Court interfering with the Personal Law of the parties. Any way in challenge to extra judicial divorce Family Court need to adopt the summary procedure for conclusion of the proceedings. The Family Court on being satisfied the procedure followed for invoking khula is proper, shall dismiss such application challenging O.P(FC) No.276/2023 5 the same. It is unfortunate it took more than two years to conclude these proceedings before the Family Court. We therefore,direct the parties to appear before the Family Court on 29.06.2023 and the Family Court shall dispose of the matter within one week thereafter.
Original petition is disposed of.
Sd/-
A. MUHAMED MUSTAQUE, Judge Sd/-
SOPHY THOMAS, Judge jma O.P(FC) No.276/2023 6 APPENDIX OF OP (FC) 276/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DECLARATION OF KHULA DATED 01.07.2021 TO THE RESPONDENT NO.1 Exhibit P2 TRUE COPY OF THE LETTER DATED 12.07.2021 ISSUED BY VELAVOOR MUSLIM JAMA-ATH TO THE PETITIONER Exhibit P3 TRUE COPY OF THE ORIGINAL PETITION NO.
752/2021 DATED 12.07.2021 FILED BY RESPONDENT NO. 1 Exhibit P4 TRUE COPY OF THE IA NO. 1/2021 IN O.P NO. 752/2021 DATED 12.07.2021 FILED BY RESPONDENT NO. 1 Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED 16.07.2021 IN IA NO. 1/2021 IN O.P NO. 752/2021 FILED BY RESPONDENT NO. 1 Exhibit P6 TRUE COPY OF THE WRITTEN STATEMENT DATED 11.01.2023 IN O.P NO. 752/2021 Exhibit P7 TRUE COPY OF THE APPLICATION, IA NO.
2/2021 DATED 11.01.2023 IN O.P NO. 752/2021 TO VACATE EXT. P5 INTERIM ORDER