Kerala High Court
Sanal Kumar V.K. vs Sajitha on 10 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA, 1942
OP (FC).No.43 OF 2019
AGAINST THE ORDERS DATED 28.09.2018 AND 30.11.2018 IN
E.P.NO.56/2016 IN O.P.NO.218/2012 OF FAMILY COURT, ERNAKULAM
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PETITIONER/S:
SANAL KUMAR V.K., AGED 45 YEARS,
S/O. V.N. KUMARAN, RESIDING AT
VELLORE KIZHAKKOOT, KARAMA ROAD,
ELEMAKKARA, KOCHI-682 026.
BY ADV. SRI.P.VISHNU PRASAD
RESPONDENT/S:
SAJITHA, AGED 36 YEARS, D/O.SETHUMADHAVAN,
RESIDING AT AMBADI HOUSE, STREET NO.8,
UMA NAGAR, KOLAZHI VILLAGE, THRISSUR-680 010.
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 10.2.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No.43/2019 2
JUDGMENT
Dated this the 10th day of February 2021
A.Muhamed Mustaque, J.
This original petition was filed challenging
Ext.P4 order in E.P.No.56/2016 in O.P.No.218/2012 on
the file of the Family Court, Ernakulam. The said
order reads thus:
"Both side present. No objection or payment.
Judgment debtor Government employee. Issue arrest
warrant on depositing jail batta to 30.11.2018.
2. This Court on 23.01.2019 passed the following
order:
"Admit. Issue notice by speed post to the
respondent.
Exts.P4 and P7 will stand stayed on deposit of
Rs.50,000/-(Rupees fifty thousand only) before the
Family Court, Ernakulam within a period of two
weeks from today."
In the light of the above, the challenge has
become infructuous. It is made clear that the
petitioner cannot be arrested unless a fresh order in
this regard is passed by the Family Court, Ernakulam.
The original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
C.S.DIAS
JUDGE
ln
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPROMISE AGREEMENT DATED
12.12.2011 IN TRP(C) NO.296/2011 ON THE FILE OF
THE HONOURABLE HIGH COURT OF KERALA.
EXHIBIT P2 TRUE COPY OF THE EXECUTION PETITION, NAMELY
E.P.NO.56/2016 ON THE FILE OF THE HONOURABLE
FAMILY COURT, ERNAKULAM.
EXHIBIT P3 TRUE COPY OF THE OBJECTIONS FILED BY THE
PETITIONER, DATED 19.10.2016, IN E.P.NO.56/2016
ON THE FILE OF THE HONOURABLE FAMILY COURT,
ERNAKULAM.
EXHIBIT P4 TRUE COPY OFT HE ORDER DATED 28.09.2018 IN
E.P.NO.56/2016 ON THE FILE OF THE HONOURABLE
FAMILY COURT, ERNAKULAM.
EXHIBIT P5 TRUE COPY OF THE PETITION, NAMELY
E.A.NO.153/2018 IN E.P.NO.56/2016 ON THE FILE
OF THE HONOURABLE FAMILY COURT, ERNAKULAM.
EXHIBIT P5A TRUE COPY OF THE AFFIDAVIT FILED IN SUPPORT OF
THE PETITION, NAMELY, E.A.NO.153/2018 IN
E.P.NO.56/2016 ON THE FILE OF THE HONOURABLE
FAMILY COURT, ERNAKULAM.
EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGE OF HE A DIARY,
DATED 16.11.2018.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 30.11.2018 IN
E.P.NO.56/2016 ON THE FILE OF THE HONOURABLE
FAMILY COURT, ERNAKULAM.
RESPONDENT'S EXHIBITS:NIL.
//TRUE COPY//
P.A.TO JUDGE
