Fathima vs Sujith Shukoor

Type Court Judgment Court Kerala Decided Apr 30, 2021

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Citation: sooperkanoon.com/1616396
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran,Honourable Mrs. Justice M.R.Anitha
Decided On: Apr 30, 2021
Case Number: OP (FC)/297/2021

Parties & Advocates

Appellant / Petitioner

Fathima

Respondent

Sujith Shukoor

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice devan ramachandran & the honourable mrs. justice m.r.anitha friday, the 30th day of april 2021 / 10th vaisakha, 1943 op (fc).no.297 of 2021 against the order/judgment in op 408/2019 of family court,kollam petitioner/petitioner: fathima aged 26 years d/o. maheen, sumayya manzil, chiravayal, samathvam nagar - 17, from peoples nagar 58, eravipuram village, valathungal p. o., kollam taluk, kollam district - 691 011. by adv. sri.m.r.sarin respondent/s: 1 sujith shukoor aged 32 years s/o. abdul shukoor, mubeena manzil, vilayil veedu, peroor, kuttichira village, tkmc p. o., kollam taluk, kollam district - 691 005. 2 osila aged 54 years w/o. abdul shukoor, mubeena manzil, kuttichira vilayil veettil, kottankara village, kilikoloor p. o., kollam taluk, kollam district - 691 004. this op (family court) having come up for admission on 30.04.2021, the court on the same day delivered the following:judgmentdated this the 30th day of april, 2021devan ramachandran, j.the petitioner has approached this court seeking that ext.p1 original petition be directed to be taken out of priority and disposed of at the earliest by the family court, kollam.2. we are afraid that we cannot accede to the prayers inthe writ petition because another division bench of this court has categorically stipulated the manner in which such motions are to be made by parties requiring early hearing, in shiju joy a. v. nisha [2021 (2) khc 462 (db)].3. in shiju joy (supra) this court is very clear that if aparty intends to seek an early hearing of a case for a justifiable or valid reason, he/she must move an application before the family court at the first instance and the said court must dispose it of within two weeks. we do not see any reason why the petitioner be not directed to follow the same.in the said circumstances, reserving the liberty of the petitioner to approach the family court in terms of shiju joy (supra), we close this.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.R.ANITHA FRIDAY, THE 30TH DAY OF APRIL 2021 / 10TH VAISAKHA, 1943 OP (FC).No.297 OF 2021 AGAINST THE ORDER/JUDGMENT IN OP 408/2019 OF FAMILY COURT,KOLLAM PETITIONER/PETITIONER: FATHIMA AGED 26 YEARS D/O. MAHEEN, SUMAYYA MANZIL, CHIRAVAYAL, SAMATHVAM NAGAR - 17, FROM PEOPLES NAGAR 58, ERAVIPURAM VILLAGE, VALATHUNGAL P. O., KOLLAM TALUK, KOLLAM DISTRICT - 691 011. BY ADV. SRI.M.R.SARIN RESPONDENT/S: 1 SUJITH SHUKOOR AGED 32 YEARS S/O. ABDUL SHUKOOR, MUBEENA MANZIL, VILAYIL VEEDU, PEROOR, KUTTICHIRA VILLAGE, TKMC P. O., KOLLAM TALUK, KOLLAM DISTRICT - 691 005. 2 OSILA AGED 54 YEARS W/O. ABDUL SHUKOOR, MUBEENA MANZIL, KUTTICHIRA VILAYIL VEETTIL, KOTTANKARA VILLAGE, KILIKOLOOR P. O., KOLLAM TALUK, KOLLAM DISTRICT - 691 004. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 30.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 30th day of April, 2021

Devan Ramachandran, J.

The petitioner has approached this Court seeking that Ext.P1 original petition be directed to be taken out of priority and disposed of at the earliest by the Family Court, Kollam.

2. We are afraid that we cannot accede to the prayers in

the writ petition because another Division Bench of this Court has categorically stipulated the manner in which such motions are to be made by parties requiring early hearing, in Shiju Joy A. v. Nisha [2021 (2) KHC 462 (DB)].

3. In Shiju Joy (supra) this Court is very clear that if a

party intends to seek an early hearing of a case for a justifiable or valid reason, he/she must move an application before the Family Court at the first instance and the said court must dispose it of within two weeks. We do not see any reason why the petitioner be not directed to follow the same.

In the said circumstances, reserving the liberty of the petitioner to approach the Family Court in terms of Shiju Joy (supra), we close this Original Petition. DEVAN RAMACHANDRAN JUDGE M.R. ANITHA SHG JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THE TRUE COPY OF THE OP NO.408/2019 BEFORE THE HON'BLE FAMILY COURT, KOLLAM.

Same Court & Year Kerala · 2021 Same Parties Fathima vs Sujith Shukoor Same Judge Honourable Mr. Justice Devan Ramachandran,Honourable Mrs. Jus...