RAFI ZIAD v. RAMLA ISMAYIL
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN,HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-07-26. RAFI ZIAD v. RAMLA ISMAYIL. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M. B. SNEHALATHA TH FRIDAY, THE 26 DAY OF JULY 2024 / 4TH SRAVANA, 1946 OP (FC) NO. 62 OF 2024 OP NO. 578 OF 2020, FAMILY COURT, ALAPPUZHA PETITIONER/PETITIONER: RAFI ZIAD, AGED 35 YEARS S/O. LATE K. Y. ZIAD, BAITHULNOOR, POONTHOPPU WARD, AVALOOKUNNU P. O, ALAPPUZHA. REPRESENTED BY HIS MOTHER, POWER OF ATTORNEY HOLDER KAVITHA ZIAD, AGED 52 YEARS, W/O. LATE K. Y. ZIAD, BAITHULNOOR, POONTHOPPU WARD, AVALOOKUNNU P. O. ALAPPUZHA. , PIN – 688006. BY ADVS. B. PRAMOD BIJU VIGNESWAR RESPONDENTS/RESPONDENTS: 1 RAMLA ISMAYIL D/O. ISMAYIL, MUSLIYARS, CIVIL STATION WARD, ALAPPUZHA WEST VILLAGE, ALAPPUZHA. , PIN – 688001. 2 ISMAYIL, S/O. ABDULKHADER, MUSLIYARS, CIVIL STATION WARD, ALAPPUZHA WEST VILLAGE, ALAPPUZHA. , PIN – 688001. BY ADV K. K. SATHISH THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 26. 07.
2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- JUDGMENT Devan Ramachandran, J. The limited plea of the petitioner is that the learned Family Court, Alappuzha, be directed to dispose of Ext. P7 interim application, before proceeding with the joint trial in O. P. No. 578/2020 and O. P. No. 987/2018. 2. Sri. B. Pramod – learned counsel for the petitioner, submitted that his client was constrained to prefer Ext. P7 application before the learned Family Court because, a portion of the counter claim preferred by the wife is now untenable, since she has filed another Original Petition seeking identical reliefs. He, therefore, prayed that the prayers in this Original Petition be granted. 3. However, in refutation to the afore, Sri. K. K. Sathish – learned counsel for the -3-respondents, submitted that the afore plea is only to protract the trial of the Original Petitions; and that the prayer in Ext. P7 interim application is not maintainable.
He thus prayed that this Original Petition be dismissed. 4. We do not propose to evaluate the rival contentions of the parties with respect to the maintainability of Ext. P7 on its merits. These are the matters to be decided by the learned Family Court appropriately, at their first instance. 5. However, a question arises as to whether this Court should direct the learned Family Court to dispose of Ext. P7, prior to the trial, or along with it. 6. We are certainly of the view that the afore discretion is always available to a Trial Court; and that it is not necessary for us to intervene at this stage. -4- In the afore circumstances, we close this Original Petition, directing the learned Family Court to decide Ext. P7, either along with the trial, or earlier, as it may deem fit. We, however, clarify that all rival contentions of the parties are left open. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M. B. SNEHALATHA akv JUDGE (FC) NO.
62 OF 2024 -5- APPENDIX OF OP (FC) 62/2024 PETITIONER EXHIBITS TRUE COPY OF THE MEMORANDUM DATED 26. 08. 2020 OF O. P. 578/2020 ON THE FILE OF THE FAMILY COURT, ALAPPUZHA. TRUE COPY OF THE OBJECTION DATED 02. 03. 2021 FILED BY THE RESPONDENTS IN O. P. 578/2020 ON THE FILE OF THE FAMILY COURT, ALAPPUZHA. TRUE COPY OF THE COUNTER CLAIM DATED 02. 03. 2021 FILED BY THE RESPONDENTS IN O. P. 578/2020 OF THE FAMILY COURT, ALAPPUZHA. TRUE COPY OF THE MEMORANDUM DATED 19. 11. 2018 OF O. P. NO. 987/2018 BEFORE THE FAMILY COURT, ALAPPUZHA. TRUE COPY OF THE OBJECTION DATED 02. 11. 2022 IN O. P. NO. 987/2018 ON THE FILE OF FAMILY COURT, ALAPPUZHA FILED BY THE PETITIONER AND HIS MOTHER. TRUE COPY OF THE PROCEEDINGS IN O. P. NO. 578/2020 ON THE FILE OF FAMILY COURT, ALAPPUZHA. TRUE COPY OF THE I. A. NO. 6/2023 DATED 21. 03. 2023 IN O. P. NO. 578/2020 ON THE FILE OF FAMILY COURT, ALAPPUZHA.
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.