The Family Court must consider all rival contentions and evidence before reaching a conclusion in marriage dissolution cases.

Devan Ramachandran , J.

The appellant challenges the judgment of the learned Family Court, Malappuram, in OP No.336/2024.

2. The appellant has edificed this appeal on various grounds and allegations; but we must record upfront that we are incapacitated from considering any of those on merits, for the singular reason that even an ex facie glance through the judgment would render it luculent that the learned Family Court does not seem to have considered any of the germane aspects – at least it being not discernible from it; nor has a reason been given for allowing the Original Petition filed by the respondent.

3. The Original Petition was filed by the respondent herein seeking “declaration of dissolution of marriage” (sic); and he filed his proof affidavit, along with certain documents in substantiation. It is stated that the appellant herein contested the matter, opposing the case of the respondent. However, as we have said above, the learned Court has allowed the Original Petition, merely saying that “the chief affidavit and documents proved the case of the petitioner” (sic).

4. To reiterate, we find no reasons in the impugned judgment for the learned Family Court to have entered into the conclusion as it has done; nor is there even a whisper of any of the rival contentions having been considered. We suspect that the learned Family Court has been swayed by an impression that, as per Asbi K.N. v. Hashim M.U. [2021(6) KLT 292] - which has been cited in the impugned judgment - it does not require it to consider any of the aspects, or to make an enquiry.

5. We are afraid that this is a wrong impression, which cannot be countenanced.

6. In such scenario, we are constrained to remit the matter to the learned Family Court for fresh consideration because, as said above, we are unable to evaluate the rival contentions, in the absence of the same having been done by the said Court at the first instance.

7. In the afore circumstances, this appeal is allowed and the impugned judgment is set aside; with a consequential direction to the learned Family Court, Malappuram, to reconsider OP No.336/2024, after affording necessary opportunities to both sides and adverting specifically to Asbi K.N.

(supra), as also K.H.Abdul Shukoor v. M.M.Zarin [2024 (5) KLT 497] ; thus culminating in an appropriate order, as expeditiously as is possible.

In order to obtain compliance of the afore directions quickly, we direct the parties to mark appearance before the learned Family Court at 11 a.m. on 08.12.2025.