M.John vs V.C.Kunjamma John
2021 Latest Caselaw 11705 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                              &

      THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                    OP (FC).No.485 OF 2020

   AGAINST THE ORDER/JUDGMENT IN OP 469/2016 OF FAMILY
                     COURT, PALAKKAD


PETITIONER:

              M.JOHN, AGED 74 YEARS, S/O. G.MATHAI, HOLY
              SHEPPERD ENGLISH SCHOOL (INTERNATION), REGN.
              NEAR CHOTI CHAPPEL, PANCHANGOPAMA, NEW DELHI-
              110071.

              BY ADV. SMT.I.S.LAILA

RESPONDENT:

              V.C.KUNJAMMA JOHN, AGED 72 YEARS, W/O. M.JOHN,
              MERCY BHAVAN, NEAR KTC LTD., KANJIKODE,
              PALAKKAD DISTRICT-678 621.

              R1 BY ADV. SMT.MARGERET K. JAMES

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.485 OF 2020

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                         JUDGMENT

Dated this the 9th day of April 2021 A.Muhamed Mustaque, J

This original petition was filed challenging the

order passed by the Family Court, Palakkad in I.A No.1 of 2020 in O.P No.469 of 2016.

2. The petitioner is the petitioner in the

original petition. The respondent filed I.A No.1 of

2020 to strike off the pleadings for the reason that

the petitioner failed to pay the maintenance. The

maintenance arrears was quantified as Rs.79,500/-.

Since, that was not paid within the time granted,

the Family Court allowed the application and ordered

striking off the pleadings. Challenging this, this

original petition was filed.

3. Pending the original petition, the entire

amount of Rs.79,500/- has been paid. In such

circumstances, we are of the view that the impugned OP (FC).No.485 OF 2020

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order has to be set aside. Accordingly, the

impugned order is set aside. The original petition

is disposed of accordingly.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

DR. KAUSER EDAPPAGATH

JUDGE

PR OP (FC).No.485 OF 2020

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APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PETITION IN OP NO.469 OF 2016 DATED 25.6.2016.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 20.5.2017.

EXHIBIT P3 TRUE COPY OF THE ORDER IN MC NO.188 OF 2015 DATED 27.9.2018.

EXHIBIT P4 TRUE COPY OF THE INTERLOCUTORY APPLICATION NO.1 OF 2020 DATED 14.2.2020 FILED BY RESPONDENT WIFE HEREIN IN OP.NO.469 OF 2016.

EXHIBIT P5 TRUE COPY OF THE OBJECTION DATED 17.2.2020 FILED BY THE PETITIONER HUSBAND.

EXHIBIT P6 TRUE COPY OF THE E-COURT CASE STATUS DOWNLOADED FROM THE E COURT WEB SITE.

EXHIBIT P7 TRUE COPY OF THE ORDER IN I.A.NO.1 OF 2020 DATED 19.10.2020.

EXHIBIT P8 TRUE COPY OF THE DIVORCE CERTIFICATE OF THE DAUGHTER OF THE PETITIONER.

EXHIBIT P9 TRUE COPY OF THE REPLY BY THE PUTHUSSERI GRAMA PANCHAYAT OFFICE FURNISHING THE DETAILS OF THE INCOME

OWNED BY RESPONDENT WIFE.

EXHIBIT P10 TRUE COPY OF THE ORDER IN O.P.NO.41 OF 2016 DATED 27.12.2018.

OP (FC).No.485 OF 2020

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EXHIBIT P11 TRUE COPY OF THE RELEVANT PAGES MAT.

APPEAL NO.263 OF 2019 FILED BY THE RESPONDENT WIFE AGAINST THE PETITIONER.

EXHIBIT P12 TRUE COPY OF THE MEDICAL BILLS AND LAB REPORT.