Kerala High Court
Nisha Haneefa vs Abdul Latheef on 15 February, 2022
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque, Sophy Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Wednesday, the 6th day of April 2022 / 16th Chaithra, 1944
OP (FC) NO. 290 OF 2020(R)
PETITIONER
NISHA HANEEFA, AGED 30 YEARS, W/O.ABDUL LATHEEF,
RESIDING AT ALANKARATHU PUTHENVEETTIL,
KULASEKHARAPATHY, KUMBAZHA MURI,
PATHANAMTHITTA VILLAGE, PATHANAMTHITTA DISTRICT.
RESPONDENTS
1. ABDUL LATHEEF, AGED 40 YEARS, S/O.ABDUL AZEEZ,
RESIDING AT ALANKARATHU PUTHENVEETTIL,
KULASEKHARAPATHY, KUMBAZHA MURI,
PATHANAMTHITTA VILLAGE, PATHANAMTHITTA DISTRICT, PIN-689 653.
2. ABDUL AZEEZ, AGED 70 YEARS, S/O.ABDUL SHAREEF,
RESIDING AT ALANKARATHU PUTHENVEETTIL,
KULASEKHARAPATHY, KUMBAZHA MURI,
PATHANAMTHITTA VILLAGE, PATHANAMTHITTA DISTRICT, PIN-689 653.
3. FATHIMA BEEVI, AGED 64 YEARS, W/O.ABDUL AZEEZ,
RESIDING AT ALANKARATHU PUTHENVEETTIL,
KULASEKHARAPATHY, KUMBAZHA MURI,
PATHANAMTHITTA VILLAGE, PATHANAMTHITTA DISTRICT, PIN-689 653.
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 stay
Exhibit P4 order dated 17/03/2020 in OP.30/2020 on the file of the Family
Court, Pathanamthitta, pending disposal of the Original Petition (FC).
This petition again coming on for admission upon perusing the petition
and the affidavit filed in support of OP (FC) and this Court's order dated
07/04/2021 and judgment dated 15/02/2022 and upon hearing the arguments of M/S
D.KISHORE, MEERA GOPINATH & R.MURALEEKRISHNAN (MALAKKARA), Advocates for the
petitioner, SRI.M.V.RAJENDRAN NAIR, Advocate for R1 and of SMT.M.A.ZOHRA,
Advocate for R2 & R3, the court passed the following:
P.T.O.
A.MUHAMED MUSTAQUE & SOPHY THOMAS, JJ.
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O.P.(FC) No.290 of 2020
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Dated this the 6th day of April, 2022
ORDER
A.Muhamed Mustaque, J.
Read our judgment dated 15.2.2022.
2. Based on the above, the Registrar(District Judiciary) has placed a report before this Court. Having adverted to the report, we are of the view that the Registrar(Judicial) shall issue necessary directions to the Family Courts in Thiruvananthapuram, Nedumangad, Ernakulam, Pala, Ettumanoor, Pathanamthitta, Thiruvalla, Kozhikode, Vatakara, Kattapana, Thodupuzha, Tirur, Palakkad, Ottappalam, Kalpetta and Kottarakkara to follow the procedure as mentioned in the Family Courts Act and Rules, to avail the services of medical and welfare experts and to report compliance of institutional arrangements made for availing such services as envisaged under Section 12 of the Family Courts Act thereunder. The Registrar shall obtain a O.P.(FC) No.290/2020 2 compliance report from the presiding officers of the above Family Courts by next posting.
Post in the first week of June, 2022.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/-
SOPHY THOMAS, JUDGE ln 06-04-2022 /True Copy/ Assistant Registrar