MOIDEEN Vs. RAZIA @ THANKAM

JUDGEMENT

(1.) This Original petition is filed challenging order dated 16/11/2016 in IA No.2914/16 in OP No. 1068/14 of the Family Court Irinjalakuda by which an application under Order VI Rule 17 of the Code of Civil Procedure has been allowed on payment of cost of Rs.1,000/-. The respondent in IA No.2914/2016 has challenged the impugned order by filing the above original petition.

(2.) The short facts involved in the case are as under:-

(3.) Respondent contends that she was a Hindu by birth and she got converted to Muslim faith and married the petitioner. According to her, she was employed in Gulf countries and utilizing her earnings, she purchased the petition schedule properties. However, in the document the property was purchased in the joint names of the couple. Later, with an intention to secure bank loan for the purpose of constructing a house and on the request made by the petitioner herein, she executed a deed of assignment in the year 2013 relinquishing her rights over the property in favour of the petitioner. It is alleged that it was on account of the undue influence of the petitioner upon her that she had executed the assignment in the year 2013. Ext.P1 is the copy of the original petition.