Kerala High Court
Shamla.B vs Rincy Siddique on 23 September, 2021
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque, Kauser Edappagath
OP (FC) No.461/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Thursday, the 23rd day of September 2021 / 1st Aswina, 1943
OP (FC) NO. 461 OF 2021(R)
PETITIONER/2ND RESPONDENT:
SHAMLA. B., AGED 56 YEARS, W/O. LATE NISAR,
RESIDING AT VAYALIL VEETTIL, (SHIROZ MANZIL),
T.C 37/23-(5), NEAR GANAPATHY TEMPLE,
PAZHAVANGADI, THIRUVANANTHAPURAM -695 023.
RESPONDENTS/PETITIONERS 2, 1 & RESPONDENT NO.1:
1. RISNI SIDDIQUE, AGED 33 YEARS, D/O. SIDDIQUE U.M, FROM VAYALIL
VEETTIL (SHIROZ MANZIL), TC 37/23 (5), PAZHAVANGADI,
THIRUVANANTHAPURAM- 695 023, PRESENTLY RESIDING AT J.M FLAT, B-1
FREEDOM ROAD, DESHABHIMANI, KALOOR, ERNAKULAM- 682 017.
2. SIDIQUE U.M., AGED 62, S/O. MAMMU HAJI, FROM HOUSE NO. 1518,
UNDEKKADAVIL HOUSE, ELAYAKOVILAKKAMM, MAHALLU ROAD, BAZAAR ROAD,
MATTANCHERY, COCHIN, PRESENTLY RESIDING AT JM FLAT , B-1, FREEDOM
ROAD, DESHABHIMANI, KALOOR, ERNAKULAM- 682 017.
3. SHINU. N., AGED 34 YEARS, S/O. LATE NISSAR, RESIDING AT VAYALIL
VEETTIL, (SHIROZ MANZIL), T.C 37/23(5), NEAR GANAPATHY TEMPLE,
PAZHAVANGADI, FORT P.O, THIRUVANANTHAPURAM- 695 023.
OP (Family Court) praying inter alia that in the circumstances
stated in the affidavit filed along with the OP (FC) the High Court be
pleased to issue a direction to the Family Court, Ernakulam to consider
and dispose of Exhibit P3-IA 2 of 20 in Exhibit P1 OP 1191 of 2021 on the
files of the Family Court, Ernakulam, pending disposal of this Original
Petition (Family Court).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP (FC) and upon hearing the arguments
of M/S. SARITHA THOMAS & BEENA JOSEPH, Advocates for the petitioner, the
court passed the following:
P.T.O.
OP (FC) No.461/2021 2/3
A.MUHAMED MUSTAQUE & Dr.KAUSER EDAPPAGATH, JJ.
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O.P.(FC) No.461 of 2021
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Dated this the 23rd day of September, 2021
O R D E R
A.Muhamed Mustaque, J.
As evident from Ext.P5, the petitioner has moved the Family Court, Ernakulam for early disposal of I.A.No.2 of 2020 in O.P.No.1191 of 2021. A Division Bench of this Court in Shiju Joy v. Nisha [2021 (2) KLT 607] had directed the Family Court to pass orders on the petition for early hearing in a time bound manner.
The Registry is directed to call for a report from the Family Court, Ernakulam as to why the application has not been considered so far.
Post on 30.09.2021 along with the report.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/-
DR.KAUSER EDAPPAGATH, JUDGE ln 23-09-2021 /True Copy/ Assistant Registrar OP (FC) No.461/2021 3/3 APPENDIX OF OP (FC) 461/2021 Exhibit P1 TRUE COPY OF THE OP 1262/2019 ON THE FILES OF THE FAMILY COURT, THIRUVANANTHAPURAM AND WHICH WAS TRANSFERRED TO FAMILY COURT, ERNAKULAM AND RENUMBERED AS OP 1191/2021.
Exhibit P3 TRUE COPY OF THE I.A 2 OF 2020 DATED 07-10-2020 FILED FOR LIFTING THE EXHIBIT P2 ATTACHMENT. Exhibit P5 TRUE COPY OF THE UNNUMBERRED INTERLOCUTORY APPLICATION DATED 13-08-2021 SUBMITTED BEFORE THE HONOURABLE FAMILY COURT, ERNAKULAM.