Krishnankutty Nair vs Girijambika
2021 Latest Caselaw 6477 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                              &

              THE HONOURABLE MR.JUSTICE C.S.DIAS

 TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA,
                          1942

                    OP (FC).No.485 OF 2019

   AGAINST THE ORDER/JUDGMENT IN OP 692/2015 OF FAMILY
                     COURT, ATTINGAL


PETITIONER:

              KRISHNANKUTTY NAIR, AGED 66 YEARS, S/O.
              SREEDHARAN PILLAI, APARNA BHAVAN, MADATHIL
              VEEDU, ANTHRUKONAM P. O., EDATHARA,
              THIRUVANANTHAPURAM DISTRICT.

              BY ADV. SRI.K.P.SUJESH KUMAR

RESPONDENT:

              GIRIJAMBIKA, AGED 53 YEARS, D/O. JAGADAMMA,
              CHANDAVILA KRISHNAGIRI,
              MELEKIZHAKKANUVILAKATHU VEEDU, ULIYARA,
              AYIROORPARA, KATTAIKONAM P. O.,
              THIRUVANANTHAPURAM DISTRICT - 695 005.

              R1 BY ADV. SRI.M.DINESH

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
23-02-2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.485 OF 2019

                                  ..2..




                             JUDGMENT

Dated this the 23rd day of February 2021 A.Muhamed Mustaque, J

The petitioner and the respondent are husband

and wife. Both of them have filed separate

petitions before the Family Court, Attingal. The application submitted by the wife has been dismissed

for default. She was also set ex-parte in a

proceedings instituted by the husband.

2. Separate interlocutory applications were

filed to restore the original petition dismissed for

default and to set aside the ex-parte order. Both

applications were allowed by a common order.

Challenging this common order, this original

petition was filed.

3. The Family Court noted that a girl child

born in the wedlock suffering from 'Autism' was

under the care and protection of the wife.

Therefore, the Family Court found that there was OP (FC).No.485 OF 2019

..3..

sufficient reason to restore and set aside the ex-

parte order.

We find no reason to interfere with the common

order passed by the Family Court. Accordingly, the

original petition is dismissed.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

C.S.DIAS

JUDGE

PR OP (FC).No.485 OF 2019

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APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF I.A.NO.2304/2019 IN O.P.NO.692/2015, DATED 12.07.2019.

EXHIBIT P2 TRUE COPY OF I.A.NO.2304/2019 IN O.P.NO.1055/2017, DATED 12.07.2019.

EXHIBIT P3 TRUE COPY OF I.A.NO.2306/2019 IN O.P.NO.692/2015, DATED 12.07.2019.

EXHIBIT P4 TRUE COPY OF I.A.NO.2303/2019 IN O.P.NO.1055/2017, DATED 12.07.2019.

EXHIBIT P5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN I.A.NO.2304/2019 IN O.P.NO.692/2015

EXHIBIT P6 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN I.A.NO.2304/2019.

EXHIBIT P7 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN OF I.A.NO.2306/2019 IN O.P.NO.692/2015

EXHIBIT P8 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN OF I.A.NO.2303/2019 IN O.P.NO.1055/2017

EXHIBIT P9 TRUE COPY OF THE COMMON ORDER PASSED BY THE FAMILY COURT, ATTINGAL IN O.P.NO.692/2015 AND O.P.NO.1055/2017, DATED 17.07.2019.