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2022 Supreme(Online)(KER) 20231

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
SHAIK MUSTHAFA
– Appellant
Versus

SHAJEENA – Respondent


Advocates:
SARATH M.S., B.PREMNATH (E)

J U D G M E N T

Anil K. Narendran, J.

The petitioner is the Judgment Debtor in E.P.No.15 of

2013 in O.P. No.397 of 2010 on the file of the Family Court, Palakkad, in which the respondent herein is the Decree Holder. The petitioner has filed this original petition, invoking the supervisory jurisdiction under Article 227 of the Constitution of India seeking for an order directing the Family Court, Palakkad to grant 15 instalments to clear the arrears and 15 months time period to close the total amount with interest as specified in the judgment in Mat.Appeal No.237 of 2012. The respondent is the daughter of the petitioner in his first wife.

2. The original petition i.e., O.P.No.397 of 2010, was filed by the respondent, who is the daughter of the petitioner, seeking recovery of an amount of Rs.4,00,000/- as expense of her marriage. The Family Court directed payment of Rs.4,00,000/- in the judgment dated 16.02.2022 in O.P.No.397 of 2010. The respondent filed E.P.No.15 of 2013 before the Family Court, invoking the provisions under Order 21 Rule 37 of the Code of Civil Procedure, 1908. The petitioner challenged the judgment in O.P.No.397 of 2010 before this Court by filing Mat.Appeal No.23

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