Kothiri Sreejith vs Manniyath Sreerekha
2021 Latest Caselaw 21176 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
       THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                 &
          THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                  OP (FC) NO. 453 OF 2021
  AGAINST THE ORDER/JUDGMENT IN M.C.NO.266/2018 OF FAMILY
                        COURT,       KANNUR
PETITIONER/S:

         KOTHIRI SREEJITH, AGED 34 YEARS,
         S/O.T.V.SREEDHARAN, KOTHIRI HOUSE,
         THAVIDISSERI, PORAKKUNNU.P.O,
         KANNUR DISTRICT, PIN-670306.
         BY ADVS.
         M.V.AMARESAN
         S.S.ARAVIND


RESPONDENT/S:

         MANNIYATH SREEREKHA,
         AGED 28 YEARS,
         D/O.KARUNAKARAN,
         KANA MADATHIL HOUSE,
         KANDONTHAR,
         MATHAMANGALAM P.O.,
         KANNUR DISTRICT-670306.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC) NO.453/2021           2



                          JUDGMENT

Sophy Thomas, J.

This original petition has been filed for setting aside the

ex parte decree passed against the petitioner on 21.01.2019 in

M.C.No.266/2018 on the file of the Family Court, Kannur. In

the meanwhile, proceedings have been initiated to execute the

ex parte decree. We direct the Family Court, Kannur, to

dispose of C.M.P.No.1/2021 in M.C.No.266/2018 within a

period of one month. Till then, no coercive steps shall be

taken against the petitioner to execute the decree.

The original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE ln

APPENDIX OF OP (FC) 453/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF COMMON JUDGMENT IN O.P.NO.553/2018, O.P.NO.591/2018 AND M.C.NO.266/2018 DATED 21.01.2019 PASSED BY THIS FAMILY COURT, KANNUR. EXHIBIT P2 TRUE COPY OF PETITION IN C.M.P.NO.266/2019 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, KANNUR EXHIBIT P3 TRUE COPY OF RELEVANT PAGES OF THE PETITIONER'S PASSPORT.

EXHIBIT P4 TRUE COPY OF PETITION CMP.NO.1/2021 IN M.C.266/2018 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KANNUR DATED 2-8-2021.

EXHIBIT P5 TRUE COPY OF APPLICATION NO.2/2021 TO RECALL WARRANT, ISSUED IN CMP.NO.266/2019 IN M.C.NO.266/2018 DATED 18.8.2021.

EXHIBIT P6 TRUE COPY OF AFFIDAVIT FILED IN SUPPORT OF THE PETITION TO ADVANCE HEARING OF CMP 266/2019 IN M.C.NO.266/2018 DATED 18-8-2021 BEFORE THE FAMILY COURT, KANNUR.

EXHIBIT P7 TRUE COPY OF ORDER IN CMP.NO.2/2021 IN CMP.NO.266/2019 IN M.C.NO.266/2018 DATED 18.8.2021 PASSED BY FAMILY COURT, KANNUR ON EXHIBIT P5.