Hafsath vs Rasheed

Type Court Judgment Court Kerala Orders Decided Feb 24, 2021

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https://sooperkanoon.com/case/1629767

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Citation: sooperkanoon.com/1629767
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mr.Justice C.S.Dias
Decided On: Feb 24, 2021
Case Number: OP (FC)/60/2018

Parties & Advocates

Appellant / Petitioner

Hafsath

Respondent

Rasheed

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice a.muhamed mustaque & the honourable mr.justice c.s.dias wednesday, the 24th day of february 2021 / 5th phalguna, against the order/judgment in op 670/2016 dated 22-06- 2017 of family court, tirur petitioners:1 hafsath, aged 34 years, d/o. alikutty @ saidalikutty, residing at kalluvettukuzhil house, karippol amsom desom, tirur taluk, 2 alikutty @saidalikutty, aged 66 years, kalluvettikuzhil house, karipol p.o, tirur, 3 beekutty, aged 56 years, w/o. alikutty @ saidalikutty, kalluvettikuzhil house, karipol p.o., tirur, malappuram district. by advs. sri.j.r.prem navaz sri.p.t.sheejish respondents:1 rasheed, 40 years, s/o. moideen kutty, kulamangalam desom valanchery p.o, pin-676 552, represented by power of attorney abdul naser, aged 45 years, s/o. aboobaker haji, palakkal house, edayoor amsom desom, edayoor p.o., pin-676 552. ..2.. 2 ummar, aged 48 years, s/o. kunhimuhammed, kaipadamparambath house, thavanoor amsom, adaloor desom, ponnani-679 573. 3 abida, aged 24 years, d/o. moideen kutty, kulamangalam desom, valanchery p.o., pin-676 552. this op (family court) having been finally heard on 24-02-2021, the court on the same day delivered the following: ..3..judgmentdated this the 24th day of february 2021 a.muhamed mustaque, j the learned counsel for the petitioners seeks permission to withdraw this original petition with liberty to approach this court again, if it is so required. his request is granted. the original petition is therefore, permitted to be withdrawn, reserving liberty to the petitioners to file a fresh original petition, if so required. a.muhamed mustaque c.s.dias pr ..4.. appendix petitioners exhibits: exhibit p1 the true copy of the original petition filed by the 1st respondent before the family court tirur. exhibit p2 the true copy of the counter affidavit of the petitioners dated 31.08.2017. exhibit p3 the true copy of the i.a. no. counter affidavit of the petitioners.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, AGAINST THE ORDER/JUDGMENT IN OP 670/2016 DATED 22-06- 2017 OF FAMILY COURT, TIRUR PETITIONERS:

1 HAFSATH, AGED 34 YEARS, D/O. ALIKUTTY @ SAIDALIKUTTY, RESIDING AT KALLUVETTUKUZHIL HOUSE, KARIPPOL AMSOM DESOM, TIRUR TALUK, 2 ALIKUTTY @SAIDALIKUTTY, AGED 66 YEARS, KALLUVETTIKUZHIL HOUSE, KARIPOL P.O, TIRUR, 3 BEEKUTTY, AGED 56 YEARS, W/O. ALIKUTTY @ SAIDALIKUTTY, KALLUVETTIKUZHIL HOUSE, KARIPOL P.O., TIRUR, MALAPPURAM DISTRICT. BY ADVS. SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH RESPONDENTS:

1 RASHEED, 40 YEARS, S/O. MOIDEEN KUTTY, KULAMANGALAM DESOM VALANCHERY P.O, PIN-676 552, REPRESENTED BY POWER OF ATTORNEY ABDUL NASER, AGED 45 YEARS, S/O. ABOOBAKER HAJI, PALAKKAL HOUSE, EDAYOOR AMSOM DESOM, EDAYOOR P.O., PIN-676 552. ..2.. 2 UMMAR, AGED 48 YEARS, S/O. KUNHIMUHAMMED, KAIPADAMPARAMBATH HOUSE, THAVANOOR AMSOM, ADALOOR DESOM, PONNANI-679 573. 3 ABIDA, AGED 24 YEARS, D/O. MOIDEEN KUTTY, KULAMANGALAM DESOM, VALANCHERY P.O., PIN-676 552. THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 24-02-2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..3..

JUDGMENT

Dated this the 24th day of February 2021 A.Muhamed Mustaque, J The learned Counsel for the petitioners seeks permission to withdraw this original petition with liberty to approach this Court again, if it is so required. His request is granted. The original petition is therefore, permitted to be withdrawn, reserving liberty to the petitioners to file a fresh original petition, if so required. A.MUHAMED MUSTAQUE C.S.DIAS PR ..4.. APPENDIX PETITIONERS EXHIBITS: EXHIBIT P1 THE TRUE COPY OF THE ORIGINAL PETITION FILED BY THE 1ST RESPONDENT BEFORE THE FAMILY COURT TIRUR. EXHIBIT P2 THE TRUE COPY OF THE COUNTER AFFIDAVIT OF THE PETITIONERS DATED 31.08.2017. EXHIBIT P3 THE TRUE COPY OF THE I.A. NO. COUNTER AFFIDAVIT OF THE PETITIONERS DATED 22.06.2016. EXHIBIT P4 THE TRUE COPY OF THE ORDER IN I.A. NO. 1009 OF 2016 PASSED BY THE FAMILY COURT, TIRUR.

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