Moidu vs Nafeesa

MOIDU vs Nafeesa

Type Court Judgment Court Kerala Decided Jul 24, 2024

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https://sooperkanoon.com/case/1290867

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Citation: sooperkanoon.com/1290867
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran,Honourable Mrs. Justice M.B. Snehalatha
Decided On: Jul 24, 2024
Case Number: Con.Case(C)/681/2023

Parties & Advocates

Appellant / Petitioner

MOIDU

Respondent

Nafeesa

Excerpt

.....the following: cont.caase (c) no.681 of 2023 2judgmentdevan ramachandran, j.this contempt of court case (coc) has been filed on the allegation that the respondent has violated the directions issued by this court in the judgment dated 25.02.2020, in mat.appeal no.697 of 2013.2. going by the judgment in question, this court hadallowed the petitioner herein to withdraw the amount deposited by him before the trial court on proper application being filed. however, it transpires that, certain portions of the same had already been released in favour of the respondent; and that the trial court has now issued annexure c order, asking her to remit it back.3. in the afore scenario, we fail to understand howthere could be a case of contempt against the respondent, because the learned family court, tirur, as we have said above, has already directed her to remit back the money, that was earlier released to her. cont.caase (c) no.681 of 2023 34. obviously, therefore, it is for the petitioner topursue appropriate remedies before the learned family court, tirur itself; and then to invoke other remedies that may be available, including before this court. with the above clarification, this coc is closed. devan ramachandran m.b.snehalatha sp/25/07/2024 cont.caase (c) no.681 of 2023 4 appendix of con.case(c) no.681/2023 petitioner's annexures: annexure a certified copy of the judgment dated 26-08-2013 in o.p no.818 of 2010 annexure b certified copy of the judgment dated 25-02-2020 in mat.appeal no.697 of annexure c certified copy of the order dated 07- 10-2022 in e.a no.48 of 2020 in ep no87 of 2013

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA WEDNESDAY, THE 24TH DAY OF JULY 2024 / 2ND SRAVANA, 1946 CON.CASE(C) NO.681 OF 2023 AGAINST THE JUDGMENT DATED 25.02.2020 IN MAT.APPEAL NO.697 OF 2013 OF HIGH COURT OF KERALA PETITIONER/APPELLANT: MOIDU, AGED 67 YEARS, S/O MUHAMMADUNNI POLICE STATION LIMIT, POST PALAPETTY, PONNANI TALUK, MALAPPURAM PRESENTLY RESIDING AT THARAYYIL HOUSE PUTHIYIRUTHI PALAPPETTI P.O MALAPPURAM, PIN - 679579 BY ADVS. K.P.PRADEEP SANAND RAMAKRISHNAN HAREESH M.R. T.T.BIJU T.THASMI M.J.ANOOPA SANU S MALAKEEL RESPONDENT/RESPONDENT: NAFEESA, AGED 60 YEARS, D/O MUHAMMED, POLICE STATION LIMIT, POST PALAPETTY, PONNANI TALUK MALAPPURAM, PIN - 679579 BY ADV.RAJIT THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 24.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Cont.Caase (C) No.681 of 2023 2

JUDGMENT

Devan Ramachandran, J.

This Contempt of Court Case (COC) has been filed on the allegation that the respondent has violated the directions issued by this Court in the judgment dated 25.02.2020, in Mat.Appeal No.697 of 2013.

2. Going by the judgment in question, this Court had

allowed the petitioner herein to withdraw the amount deposited by him before the Trial Court on proper application being filed. However, it transpires that, certain portions of the same had already been released in favour of the respondent; and that the Trial Court has now issued Annexure C order, asking her to remit it back.

3. In the afore scenario, we fail to understand how

there could be a case of contempt against the respondent, because the learned Family Court, Tirur, as we have said above, has already directed her to remit back the money, that was earlier released to her. Cont.Caase (C) No.681 of 2023 3

4. Obviously, therefore, it is for the petitioner to

pursue appropriate remedies before the learned Family Court, Tirur itself; and then to invoke other remedies that may be available, including before this Court. With the above clarification, this COC is closed. DEVAN RAMACHANDRAN M.B.SNEHALATHA sp/25/07/2024 Cont.Caase (C) No.681 of 2023 4 APPENDIX OF CON.CASE(C) NO.681/2023 PETITIONER'S ANNEXURES: Annexure A CERTIFIED COPY OF THE JUDGMENT DATED 26-08-2013 IN O.P NO.818 OF 2010 Annexure B CERTIFIED COPY OF THE JUDGMENT DATED 25-02-2020 IN MAT.APPEAL NO.697 OF Annexure C CERTIFIED COPY OF THE ORDER DATED 07- 10-2022 IN E.A NO.48 OF 2020 IN EP NO87 OF 2013

Same Court & Year Kerala · 2024 Same Parties MOIDU vs Nafeesa Same Judge Honourable Mr. Justice Devan Ramachandran,Honourable Mrs. Jus...