Shaheen vs Jaseela

Type Court Judgment Court Kerala Decided May 31, 2023

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Citation: sooperkanoon.com/1361188
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Justice Sophy Thomas
Decided On: May 31, 2023
Case Number: OP (FC)/259/2023

Parties & Advocates

Appellant / Petitioner

Shaheen

Respondent

Jaseela

Excerpt

.....1 jaseela aged 26 years, d/o. abdul waheed, 2 abdul waheed aged 55 years, h/o. sabeela beevi, 3 sabeela beevi aged 48 years, w/o. abdul waheed, by advs. naveen this op (family court) having come up for admission on 31.05.2023, the court on the same day delivered the following:judgmentdated this the 31st day of may, 2023a.muhamed mustaque, j.the main relief sought for in this matter has been worked out by our interim order dated 26.5.2023. but learned counsel for the petitioner points out a peculiar problem faced by the litigants and lawyers practicing in family courts. it is submitted that when notice has sought to be served in urgent matter, the family court declines the same stating that there are no staff available to serve urgent notice through special messenger.2. registry shall get the details from the family court, in regard to staff strength and non availability of process server to serve urgent notice.3. it is to be noted that there are around 2500 process servers and peons in the state and they are not being adequately deployed to serve notices.4. the registrar (district judiciary) shall take note of this aspect and take appropriate remedial measures in the matter. the registrar (district judiciary) is directed to file a report in this regard within six weeks.with the above directions, the original petition is disposed of. a.muhamed mustaque sophy thomas, sou. appendix of op (fc) 259/2023 petitioner exhibits exhibit p-1 true copy of the op(g&w) no. 746/2023 filed by the petitioner before the family court, attingalexhibit p-2 true copy of the i.a. no. 1/2023 in exhibit p-3 true copy of the i.a. no. 2/2023 in exhibit p-4 true copy of o.p. no. 1314/2022 filedby the 1st respondent before the family court, attingal

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 OP (FC) NO. 259 OF 2023 I.A. NO.2/2023 IN IN OP(G&W) 746/2023 OF FAMILY COURT, PETITIONER/PETITIONER: SHAHEEN AGED 33 YEARS, S/O. ABDUL AZZEZ, THIRUVANANTHAPURAM, REPRESENTED BY HIS FATHER ABDUL AZEEZ, AGED 75 YEARS, S/O. NOOHUKANNU, THIRUVANANTHAPURAM., PIN - 695104 BY ADV J.JAYAKUMAR RESPONDENTS/RESPONDENTS: 1 JASEELA AGED 26 YEARS, D/O. ABDUL WAHEED, 2 ABDUL WAHEED AGED 55 YEARS, H/O. SABEELA BEEVI, 3 SABEELA BEEVI AGED 48 YEARS, W/O. ABDUL WAHEED, BY ADVS. NAVEEN THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 31st day of May, 2023

A.Muhamed Mustaque, J.

The main relief sought for in this matter has been worked out by our interim order dated 26.5.2023. But learned counsel for the petitioner points out a peculiar problem faced by the litigants and lawyers practicing in Family Courts. It is submitted that when notice has sought to be served in urgent matter, the Family Court declines the same stating that there are no staff available to serve urgent notice through special messenger.

2. Registry shall get the details from the Family Court, in regard to staff strength and non availability of Process Server to serve urgent notice.

3. It is to be noted that there are around 2500 Process Servers and Peons in the State and they are not being adequately deployed to serve notices.

4. The Registrar (District Judiciary) shall take note of this aspect and take appropriate remedial measures in the matter. The Registrar (District Judiciary) is directed to file a report in this regard within six weeks.

With the above directions, the original petition is disposed of. A.MUHAMED MUSTAQUE SOPHY THOMAS, sou. APPENDIX OF OP (FC) 259/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE OP(G&W) NO. 746/2023 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ATTINGAL

Exhibit P-2               TRUE COPY OF THE I.A. NO. 1/2023 IN
Exhibit P-3               TRUE COPY OF THE I.A. NO. 2/2023 IN
Exhibit P-4               TRUE COPY OF O.P. NO. 1314/2022 FILED

BY THE 1ST RESPONDENT BEFORE THE FAMILY COURT, ATTINGAL

Same Court & Year Kerala · 2023 Same Parties Shaheen vs Jaseela Same Judge Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Jus...