BFORE
HON'DLE
FAMILYTHECOURT
iRUVANANTHAPURAM
OPR6n023
BETWEEN
DR. ANASABDUL MAJEED
AND
pETITIONER
JESA -RESPONDENT
PETITION FILED UIS 7(1)
@) OF THE
FAMILY
COURTS
ACT, 1984 FOR
THE DECLARATION OF
MARITAL STATUS
MILYY Co
VaRvOCATES
J. SANDHYA
MEERA PRASANNAN
TC 25/2952
Building Trivandrum
GPO
Old
kandalilsandhya @yahoo.com
Mob: 9447036686
BEFORE THE
H
O
N
B
L
E
F
A
M
I
L
Y
THIRUVANANKTHAPURAM
COURT
OP
BETWEEN
DR.ANASABDUL MAJEED_
-PETITIONER
AND
JESA
PETITION FILED
RESPONDENT
US 7 (1) (d)
FOR THE DECLARATION1OF
OF THE
FAMI
L
Y
MARITALSTATUS.
STA
COURTS ACT, 1984
Name and address of the Petiftioner
De Anas Abul Majeed aged
48 years, so
Apartments, Kaloor PO,Ernakulam-682017 C.E Naseem. Tower 1, 8D,DD Nest
(Al notices and process to the
& Meera
petitioner mey be served to his counsels J. Sandhya
TC 25/2952, old GPO
building,
Prasannan, Advocates,
Thiruvananthapuram)
Name and address of the Respondent
Jesa AJ aged 40 years, do Abdul
Jabbar, Ashiyana, Poonthura (PO),
Thiruvananthapuram-695026.
(All notices and process to the respondent may be
served in the above mentioned
address)
The petitioner humbly submits as follows:
1. The
petitioner is a Senior Consultan: Neurologist working at present in
Dubai. Thepetitioncr got married to the respondent on 18-06-2000 at Mass
Auditorium, Mananacku following Muslim customs and rites at the instance
of Kunnicode Muslim Jamaath, Kunnicodu and Nurul Huda
Muslim
Jamaath, Kayalvaram, Vakkom. Three daughters were bon in the wedlock.
Due to differences of opinion and cruçial -marital conflicts, the
parties are
living separately since 06-07-2022. While so, the respondent initiated
litigation against thepetitioner as OP 2161/2022 before this Hon'ble Court
raising wild allegationsagainst himln the said petition filcd on 17-08-2022
the respondent also had stated thatt the marital relationship with the pctitioner
nas worsened and she is convinccd that there is no remote
chance for
reunion, By this time the petitioner also realized ithat the marital
relationship
has irevocably broken down. Since the conlict betwcen the partics also
involve the issue of child sexual .abuse of daughters of the parties, in order to
protect the privacy of minor children, reconciliation efforts were held in
closed quarters. Reconciliation
held betwecn the parties in
close
and
friends
of
the presence
either side on 20-072022 at
Ernakulamn and on 07-12-2022 at
All the efforts failed
and subsequently first
was written and signed and in the
was
dirsecluastivioenss frowemre
Supnene
presence
of two
Thinuvananhapuram.
Talaqnama,wsenthich
witnesses
on 20-12-2022 and the same was
Second Talagnama was sent on
on 24-01-"23 and the third
24-12-2022
ed the respondent refused
Talaqnama was sent on 20-02-2023receivand
received by the respondent on
20-01-2023
which was duly
the same and was returned on
to receive
28-02-2023. Thus the petitioner, being a man
belonging to Muslim community, has
pronounced ITalaq and
has severed the
marital relationship with the tÛPcnt forever.
However for the official
-Durposes, a declaration of nartal status from the
Hon'ble Court is
necessitated, hence the petition.
2. The respondent has falsely
impiieaed the petitioner in three criminal cases
a
including case u/s 498 A lPC. Ihe respondent has also
fled a petition
seeking monetary reliefs and compensation under the
Protection of Women
from the Domestic Violence Act as well and the
same is pending.
3. The parties were living in Dubai
along with their three daughterS until July,
2022. The respondent was keen and busy to lead a life of her
own with
friends and had showed no interest in family affairs
including that of
spending time with children. The respondent always acted cruelly to the
petitioner. Even the children were rot taken care properly and whenever the
petitioner pointed out this, the respondent used to make a hell over it and
even forced herself to the hospital where the petitioner
works and crcated
havoc. The petitioner silently suffered the entire trauma created
the
respondent for the sake of his children. However to the shock of the
petitioner, his eldest daughter had oflatc revealed that she was subjectcd to
sexual abuse while she was a child by the father of the pctitioner and though
she had conveyed the same to the resnondent mother at the time of offence
itself, she ignored it. It was also revealed that the sccond daughtcr was alsO
abuscd by the samc person and eyer, though respondent knew this, she ailcd
to protcct the children.Alarmed by the revelation of his two clder daughters
the petitioner confronted the respondent as to wihy she hMa not conveycd the
same to him promptly so that
the respondent could not give
her face she literally fled from
4. Subscquently reconciliation
close relalives and
he
could
any
at
i
n
t
e
r
v
e
n
e
Dubaiconvialongncingwithresponse
the right time.However
and in order to savc
third child.
t
h
e
t
a
l
k
s
wer
e
i
n
hel
d
friend son
Ernakulam in the presence of
In
20f-ri0e7nd-202Mr.. Syamkumar
petitioner, eldest daughter; Aliya, a
her father M. Abdul Jabbar, her :
mother Sajeena
had participated. However the
immediately filed a petition (0P
the said discussion the
, the respondent,
and brother Dr. Jassim AJ
failed. The respondent
this Hon'ble Court to get
di
s
c
u
s
i
o
ns
2161/
2
2)
the guardianship of the youngest daughter rbefore
raising wild allegation
against the
petitioner and also in the said OP, :she
stated that the marital relationship has
broken forever and that she is convinced that
there is not even a remote
chance for
one more mediation was held in
reunion.Subsequenuy
Thinuyananthapuram 07-12-2022. In the said discussion the petitioner, his
cousins Mr. S. Muhammed Shatique and Mr. Yafcen Shamsudheen ;
brother-in-law Mr. Rafeek M.; respondent, her father M. Abdul Jabbar
and her brother Mr. Jeem and counsels from both sides had participated.
However the discussion went in futile.
5. By this time the petitioner also realzcd the ireconcilability, and that the
bonding he had with the petitioner as husband and wife is lost forever and
decided sever the relationship.Thus he had sent three Talagnamas with one
month interval as required.he marital relationship has now
dissolvedforever. The petitioner has not claimed the Mehr and it rests with
the respondent. All the prerequisites for valid Talaq has been complied.
6. It is most humbly submitted that though the matrimonial relationship
between the parties ceased with the pronouncement of Talaq with sufficient
intervals, the petitioner needs an official declaration from the Court with
regard to the status of marriage as dissolved'. The petitioner being an
employce of ahospital abroad needs a Court declaration to this effect so a
to produce before the official forums.
7. There is no collusion between the parties in filing the above referred oP
The cause of action for this peition arose on 18-06-2000, when-tr
petitioner and the respondent got marricd and 06-07-2022, when the parniee
started living separately. The respondent is currently residing at Manacaud
Village which is within the jurisdiclion of this lHon'ble Court.
8. For the purposc of
valuation,.
II article 11 (2) of the Kerala
is paid herein.
he
is
Courpet Feestition and vaSuiluted
at Rs. under the Schedule
valuation Act and the same
Hence it is most humbly prayed that
order allowing the following:
theHon'ble Court
may be pleascd to pass an
RELIEFS
Pass a declarationthat the marriage
got dissolved by way of Talaq.
2. Such other reliefs as may be prayed a
cheld betwe n the
1.
and deen just
Hon'ble Court.
parties on 18-06-2000
and proper by this
Petang
LIST OF DOCUMENTS
1. Copy of Marriage Certificate
2. Copy of First Talaqnama
3. Copy of Second Talaqnama
4. Copy of Third Talaqnama
Petitiones
Dated this the 23!h day of May, 2023
Aevocatc
Petitioner
Whatever stated above are
belicf.
true and coTect to the best of
my
knowledge and
BEFORE THE
THIRUVHAONAONUTRHABPLUERFAMILY
OP
BETWEEN
12023 URAM
COURT
DR. ANAS ABDUL MAJEED.
-PETITIONER
AND
JESA
-RESPONDENT
L. Dr.
AFFIDAVIT
Anas Abdul Majeed aged 48 years. Slo
CE Naseem. Tower 1,
Nest Apartments, Kaloor PO,
8D,DD
do
Emakulam here by solemnly affirm and state
follows;
as
1. I am the petitioner in the above
numbered OP .I am well acquainted with the
facts and the circumstances narrated in the OP.
2. Pass a decree of declaration that the mariage held between the parties on
18-06-2000 got dissolved by way of Talaq as declared in Talagnamas issued
at one month interval. No facts are suppressed in the OP.
3. Averments in the accompanying petition are true and correct and to the best
of my knowledge, information and belief.
4. The Hon'ble Court may kindly accept the petition and pass an order as
prayed for otherwise I will be put to ireparable loss and injury.
Whatever stated above is true and correct.
Dated this the day of 28" day of May, 2023
Solemnly affemed and signod belaro mo
by the daponont whom KnoN Desonaly
at Vanch yoor, Thinsvangyypua 35
Deponent