Aji D. vs Reena S
2021 Latest Caselaw 765 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                                   &

                 THE HONOURABLE MRS. JUSTICE M.R.ANITHA

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                         OP (FC).No.298 OF 2020

       AGAINST THE ORDER/JUDGMENT IN OP 2163/2019 OF FAMILY
                         COURT,TRIVANDRUM


PETITIONER/S:

                AJI D., AGED 41 YEARS,
                S/O.DEVASAHAYAM, SANDRA BHAVAN, KARODU, KAKKAVILA
                P.O., NEYYATTINKARA TALUK, THIRUVANANTHAPURAM.

                BY ADVS.
                SMT.I.SHEELA DEVI
                SHRI.BALAMURALI KRISHNA M.

RESPONDENT/S:

      1         REENA S.
                W/O.AJI, PALANKLA VEEDU, VELLARADA P.O.,
                THIRUVANANTHAPURAM - 695 505, NOW RESIDING AT ANNIE
                NIVAS, KALLUTHATTU, KUNNATHUKAL VILLAGE,
                NEYYATTINKARA TALUK, KARAKONAM P.O., PIN- 695 504.

      2         SANDRA (MINOR),
                AGED 12 YEARS, REPRESENTED BY HER MOTHER REENA S.,
                W/O.AJI, PALANKLA VEEDU, VELLARADA P.O.,
                THIRUVANANTHAPURAM - 695 505, NOW RESIDING AT ANNIE
                NIVAS, KALLUTHATTU, KUNNATHUKAL VILLAGE,
                NEYYATTINKARA TALUK, KARAKONAM P.O., PIN - 695 504.

      3         ANAND (MINOR),
                AGED 8 YEARS, REPRESENTED BY HER MOTHER REENA S.,
                W/O.AJI, PALANKLA VEEDU, VELLARADA P.O.,
                THIRUVANANTHAPURAM - 695 505, NOW RESIDING AT ANNIE
                NIVAS, KALLUTHATTU, KUNNATHUKAL VILLAGE,
                NEYYATTINKARA TALUK, KARAKONAM P.O., PIN - 695 504.

                R1 BY ADV. SRI.M.R.SARIN

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD                 ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC).No.298 OF 2020

                                  2




                               JUDGMENT

Dated this the 8th day of January 2021

K.VINOD CHANDRAN, J.

The petitioner husband is aggrieved with the non

consideration of the objections filed against the

attachment order by the court below. It is stated that

the entire properties and deposits are attached by the

Family Court. The objection itself is filed in December

2019 as Ext.P3 and the response of the respondent was

filed as Ext.P4 on 19.02.2020. In December 2019 itself,

there was a request for an early hearing.

2. In the above circumstances, since only the

hearing of I.A is sought for, we direct the parties to

appear before the Family Court on 20.01.2021 at 2 p.m.,

and the Family Court shall hear the matter on the very

same date and dispose it of expeditiously. The parties

shall appear through Counsel and they shall co-operate

for the hearing on the 20th itself. We make it clear

that, we have not looked at the merits of the contentions OP (FC).No.298 OF 2020

raised by either parties, which will have to be

adjudicated by the Family Court.

The Original Petition is disposed of accordingly.

Sd/-

K.VINOD CHANDRAN

JUDGE

Sd/-

M.R.ANITHA

JUDGE

uu

08.01.2021 OP (FC).No.298 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE O.P.NO.2163/2019 FILED BY THE RESPONDENTS BEFORE THE HON'BLE FAMILY COURT, THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE COPY OF THE AFFIDAVIT IN I.A.NO.3014/2019 FILED BY THE RESPONDENTS DATED 19/09/2019 BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.

EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED ON DECEMBER, 2019 BY THE PETITIONER BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.

EXHIBIT P4 TRUE COPY OF THE OBJECTION FILED ON 19/02/2020 FILED BY RESPONDENTS HEREIN BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.

EXHIBIT P5 TRUE COPY OF THE I.A.NO.4321 OF 2019 IN O.P.NO.2163/2019 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.