Aboobacker vs Zarina

Type Court Judgment Court Kerala Orders Decided Mar 30, 2022

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https://sooperkanoon.com/case/1443841

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Citation: sooperkanoon.com/1443841
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Justice Sophy Thomas
Decided On: Mar 30, 2022
Case Number: OP (FC)/39/2022

Parties & Advocates

Appellant / Petitioner

Aboobacker

Respondent

Zarina

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice a.muhamed mustaque & the honourable mrs. justice sophy thomas wednesday, the 30th day of march 2022 / 9th chaithra, 1944 op (fc) no. 39 of 2022 against the order/judgment in op 722/2016 of family court,thrissurpetitioner/s: aboobacker, aged 46 years s/o alavi, nadakkavil house, p.o.mazhuvannur, valancherry, malappuram district p.jayaram k.r.paul gigi pappachan a.haroon rasheed respondent/s: zarina aged 41 years d/o palakkal muhammed basheer, villa no 38, trinity garden, east desom, aluva-683 102. santhosh p.poduval chithra s.babu r.n.sandeep r.rajitha this op (family court) having come up for admission on 30.03.2022, the court on the same day delivered the following: op (fc) no.39/2022 2judgmenta.muhamed mustaque, j.the learned counsel for the petitioner submits that the matter is not pressed. accordingly, the original petition is dismissed as not pressed. a.muhamed mustaque sophy thomas ln op (fc) no.39/2022 3 appendix of op (fc) 39/2022 petitioner's exhibits: exhibit p1 true copy of the op no.722/2016 on the files of exhibit p2 true copy of the decree dated 17.2.2018 with mediation agreement entered into between the petitioner and respondent herein in op no exhibit p3 true copy of the affidavit and application in ia no 2/2020 in op no 722/2016 on the files of exhibit p4 true copy of the summons to appeal issued to the petitioner in ia no 2/2020 in op no 722/2016 on the files of family court, thrissur. exhibit p5 true copy of the judgment dated 12.1.2021 in wp(crl) no 213/2020 high court of kerala. exhibit p6 true copy of the counter statement filed by the petitioner herein in ia no 2/2020 i op no exhibit p7 true copy of the affidavit and application filed by the respondent herein in ia no 4/2021 in ia no 2/2020 op no 722/2016 on the files of family exhibit p8 true copy of the counter statement filed by the petitioner herein in ia no 4/2021 in ia no exhibit p9 true copy of the.....

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 30TH DAY OF MARCH 2022 / 9TH CHAITHRA, 1944 OP (FC) NO. 39 OF 2022 AGAINST THE ORDER/JUDGMENT IN OP 722/2016 OF FAMILY COURT,THRISSUR
PETITIONER/S: ABOOBACKER, AGED 46 YEARS S/O ALAVI, NADAKKAVIL HOUSE, P.O.MAZHUVANNUR, VALANCHERRY, MALAPPURAM DISTRICT P.JAYARAM K.R.PAUL GIGI PAPPACHAN A.HAROON RASHEED RESPONDENT/S: ZARINA AGED 41 YEARS D/O PALAKKAL MUHAMMED BASHEER, VILLA NO 38, TRINITY GARDEN, EAST DESOM, ALUVA-683 102. SANTHOSH P.PODUVAL CHITHRA S.BABU R.N.SANDEEP R.RAJITHA THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 30.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (FC) No.39/2022 2

JUDGMENT

A.Muhamed Mustaque, J.

The learned counsel for the petitioner submits that the matter is not pressed. Accordingly, the original petition is dismissed as not pressed. A.MUHAMED MUSTAQUE SOPHY THOMAS ln OP (FC) No.39/2022 3 APPENDIX OF OP (FC) 39/2022 PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE OP NO.722/2016 ON THE FILES OF EXHIBIT P2 TRUE COPY OF THE DECREE DATED 17.2.2018 WITH MEDIATION AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND RESPONDENT HEREIN IN OP NO EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT AND APPLICATION IN IA NO 2/2020 IN OP NO 722/2016 ON THE FILES OF EXHIBIT P4 TRUE COPY OF THE SUMMONS TO APPEAL ISSUED TO THE PETITIONER IN IA NO 2/2020 IN OP NO 722/2016 ON THE FILES OF FAMILY COURT, THRISSUR. EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 12.1.2021 IN WP(CRL) NO 213/2020 HIGH COURT OF KERALA. EXHIBIT P6 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER HEREIN IN IA NO 2/2020 I OP NO EXHIBIT P7 TRUE COPY OF THE AFFIDAVIT AND APPLICATION FILED BY THE RESPONDENT HEREIN IN IA NO 4/2021 IN IA NO 2/2020 OP NO 722/2016 ON THE FILES OF FAMILY EXHIBIT P8 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER HEREIN IN IA NO 4/2021 IN IA NO EXHIBIT P9 TRUE COPY OF THE ORDER DATED 16.11.2016 IN TRPC NO 283/2016 HIGH COURT OF KERALA. EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 7.1.2021 IN TR APPEAL (C) NO 1/2017, HIGH COURT OF KERALA.

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