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HIGH COURT OF KERALA
A. Muhamed Mustaque, SOPHY THOMAS, JJ
SAHIYA P NAJEEB – Appellant
Versus
DR. ANVAR. A. – Respondent
OP (FC) 486 2023
Divorce - Family Law - Family Court Act Section List - The court emphasized the availability of 'Khula' as a valid extrajudicial remedy for divorce, permitting the Family Court to resolve cases efficiently within a stipulated time frame, while prioritizing pending cases.
Fact of the Case:
The petitioner sought dissolution of marriage through the Family Court, which allowed a request to expedite the trial but did not set a time frame, leading the petitioner to approach the higher court seeking a defined period for resolution.
Finding of the Court:
The court found that the petitioner had an efficient extrajudicial remedy available, which could expedite the divorce process within four weeks if invoked. It directed prioritization and timely resolution of the case.
Issues: Whether the Family Court should fix a time period for the disposal of the divorce petition after the petitioner raised concerns over delays.
Ratio Decidendi: The court interpreted the existence of 'Khula' as a remedy that allows for a quicker resolution in divorce cases and emphasized that the Family Court should manage its caseload effectively by setting deadlines.
Final Decision: The Original Petition is disposed of with directives for timely resolution of the case.
JUDGMENT
Dated this the 4th day of August, 2023 A.MUHAMED MUSTAQUE , J The petitioner, who is the wife of the respondent, approached the Family Court, Ernakulam for dissolution of marriage. Though the petitioner had filed an interlocutory application (I.A.No.3/2023 in O.P.No.1231/2022) before the Family Court, Ernakulam to expedite the trial and disposal of the original petition, the same has been allowed, but without fixing any time period for disposal. Not satisfied with the order, the petitioner has approached this Court.
2. The petitioner is having efficacious extra judicial remedy by invoking ‘Khula’ and this Court held that the Family Court, can record ‘Khula’ and dispose of the original petition.
If the petitioner resort to invoke extra judicial divorce, the Family Court can record and dispose of the case within a period of four weeks on production of ‘Khula”. If the petitioner is not willing for extra judicial divorce, keeping in mind the pendency of other cases, the Family Court, Ernakulam shall prioritise this case and fix a deadline for disposal.
The Original Petition is hence disposed of.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
SOPHY THOMAS JUDGE
2022, DATED 07.05.2022 ON THE FILE OF FAMILY COURT, ERNAKULAM.
Exhibit P2 A TRUE COPY OF OP 377/2022, DATED
08.02.2022 ON THE FILE OF FAMILY COURT, ERNAKULAM.
Exhibit P3 TRUE PHOTOCOPIES OF THE SCREENSHOT OF THE RANDOM WHATSAPP CHATS BY THE RESPONDENT WITH SUCH WOMEN.
Exhibit P4 A TRUE COPY OF THE MUBARATH AGREEMENT DATED 04/09/2021 DULY SIGNED BY BOTH PARTIES AND WITNESSES.
Exhibit P5 A TRUE COPY OF THE MAHAZAR DATED
24/11/2021.
Exhibit P6 A TRUE COPY OF THE REPLY NOTICE DATED
08/10/2021.
Exhibit P7 A TRUE COPY OF THE REPORT DATED
28/12/2021 OF THE ADDITIONAL DIRECTOR (VIGILANCE), HEALTH DEPARTMENT.
Exhibit P8 A TRUE COPY OF ORDER NO E.C 2-
1819/2022/DHS DATED, THIRUVANANTHAPURAM, 28/09/2022 OF DIRECTOR; HEALTH SERVICES.
Exhibit P9 A TRUE COPY OF FIR NO 2225 DATED
07/11/2020 OF PUNALUR POLICE STATION.
Exhibit P10 A TRUE COPY OF THE IELTS CERTIFICATE DATED 03/12/2022 WITH CANDIDATE NO
633560.
Exhibit P11 A TRUE COPY OF CASE RECORDS AND DISCHARGE SUMMARY ISSUED FROM DR NOUSHAD'S ENT HOSPITAL & RESEARCH CENTRE.
Exhibit P12 A TRUE COPY OF THE PATIENT PRESCRIPTION DATED 28/02/2023 ISSUED FROM ASTER MEDICITY.
Exhibit P13 A TRUE COPY OF THE B DIARY PROCEEDINGS IN OP 1231/2022.
Exhibit P14 A TRUE COPY OF THE B DIARY PROCEEDINGS IN OP 377/2022.
Exhibit P15 TRUE COPY OF I. A 3/2023 IN O.P(MMA).
NO.1231/2022 Exhibit P16 TRUE COPY OF OBJECTION IN I. A 3/2023 IN O.P(MMA). NO.1231/2022 Exhibit P17 TRUE COPY OF I. A 2/2023 IN O.P(MMA).
NO. 1231/2022 Exhibit P18 TRUE COPY OF OBJECTION IN I.A 2/2023 IN O.P(MMA). NO. 1231/2022 DATED
02/06/2023 Exhibit P19 CERTIFIED COPY OF ORDER IN I.A 3/2023 IN O.P(MMA). NO. 1231/2022 ON THE FILE OF FAMILY COURT ERNAKULAM.
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