IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17048 of 2007(S)
1. SHAHIDA, D/O. SHAMSUNEESA,
... Petitioner
Vs
1. NIZARUDEEN,
... Respondent
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :11/06/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P.(C)No.17048 OF 2007
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DATED THIS THE 11th DAY OF JUNE, 2009
J U D G M E N T
Basant, J.
This petition has been filed by the petitioner against an
interlocutory order passed by the Family Court in an Original
Petition filed by her claiming maintenance and realisation of
money and consequential reliefs. The petitioner had applied for
attachment of the property. That petition was dismissed.
Thereafter, the present application was filed seeking reliefs to
ensure that she is not forcibly thrown out of possession of the
property.
2. The respondent had entered appearance and resisted
the prayer. The learned Judge has vide impugned order
dismissed the petition.
3. The petitioner claims to be aggrieved by the impugned
order. What is her grievance? The learned counsel for the
petitioner submits that the order has been passed without giving
the petitioner an opportunity to adduce evidence and the
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petitioner shall be able to satisfy the learned Judge that her
prayer for reliefs is justified. But, opportunity to adduce evidence
has not been granted to her. An opportunity may be given to her
to place relevant materials before the court below. This is the
short prayer raised by the petitioner.
4. We see from the records that no documents have been
marked on the side of the petitioner. Notice was issued to the
respondent. Respondent has not entered appearance. Notice
was given to his counsel, who is appearing before the court
below. Still, there was no appearance.
5. Having considered all the relevant circumstances, we
are persuaded to agree that the request of the petitioner can be
accepted and the petitioner can be granted an opportunity to
substantiate her contentions in the petition.
6. In the result, this petition is allowed. The impugned
order Exhibit P4 is set aside. The learned Judge of the Family
Court is directed to dispose of I.A.No.2897/06 after giving the
parties an opportunity to raise all their contentions and produce
appropriate evidence in support of their assertions. The court
W.P.(C)No.17048/07 -3-
below shall dispose of the I.A. within a period of 45 days from the
date on which a copy of this judgment is placed before the Family
Court.
7. Handover a copy of this judgment to the counsel for
the petitioner.
R.BASANT, JUDGE.
M.C.HARI RANI, JUDGE.
dsn