Ramachandran Nair, J.,
This appeal is filed by the petitioner challenging the order passed by the Family Court as per Ext.P3.
2. It is a dispute between the petitioner and the respondent, as to who is entitled to claim family pension and other assets of the deceased Noorudeen Koya. It is stated that Ext.P1 is the copy of the settlement agreement between the respondent and the deceased Noorudeen Koaya in O.S. No. 349/2002 and O.S. No. 334/2003 on the file of the Family Court, Kollam and Ext.P2 is the copy of the decree in O.S. No.334/2003.
3. In O.P.No. 289/2013, the petitioner filed I.A. No.
678/2014 to re-open the evidence. The I.A was filed to produce the copy of Talaq notice. It is clear from paragraph 2 that it was produced along with the affidavit of the counsel stating that he had appeared for Noorudeen Koya in O.S. No. 349/2002 and O.S. No. 334/2003 before the Family court, Kollam. The Family Court rejected it by stating that proper petition and affidavit were not filed in support of the same.
4. We heard learned counsel on both sides.
5. As rightly pointed out by the learned counsel for the respondent, without any proper affidavit, document has been produced. Going by paragraph 8 of the order, the Family Court was of the view that, being a photo copy, it shall be subjected to further proof, causing much prejudice to the respondent. No affidavit also has been seen filed in support of the application.
6. We find no reason to reject the reason adopted by the Family Court.
7. Learned counsel for the petitioner prayed for a further opportunity to file proper affidavit along with a petition before the Family Court after complying with all the legal formalities.
We dismiss the O.P without prejudice to the right of the petitioner to file proper application before the Family Court and subject herself for cross examination by the respondent also. There will be a direction to the Family Court to take every effort to dispose of the matter at the earliest. No cost.
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T.R.RAMACHANDRAN NAIR (JUDGE) Sd/-
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P.V.ASHA (JUDGE) True copy P.A to Judge 1+1+1