IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 17048 of 2007(S) -------------------------- OP.1479/2005 of FAMILY COURT, NEDUMANGAD .................... PETITIONER: ------------- SHAHIDA, D/O. SHAMSUNEESA, SHANI MANZIL, VADAKKELA, ANAD VILLAGE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT: --------------- NIZARUDEEN, NIZARUDEEN MANZIL, MEKKUMKARA, PANEEKONAM, CHITTUVEEDU MURI, THOLICODE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.17048 OF 2007 ----------------------------------------------------- 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 W.P.(C)No.17048/07 -2- 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