Sumangala vs K.Thankamony
2022 Latest Caselaw 2072 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 23RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA,
                                1943
                    OP (FC) NO. 103 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP 1405/2016 OF FAMILY COURT,
                          TRIVANDRUM
PETITIONER/S:

1          SUMANGALA, AGED 60 YEARS, W/O.REGHU,
           INCHIPULLUVILAKOM VEEDU, VISWAMBHARAN ROAD,
           PAPPANAMCODU, THIRUVANANTHAPURAM-695018.
2          SOBHANA, AGED 69 YEARS, W/O.ASHOKAN,
           A.S.BHAVAN, 12/679/1A, KUNNUKUZHY, VARAMBASSERI,
           VANCHIYOOR P.O., THIRUVANANTHAPURAM-695035.
3          SREEKALA, AGED 50 YEARS, W/O.SYAM,
           THOTTAM VEEDU, KAMALESWARAM, MANACAUD P.O.,
           THIRUVANANTHAPURAM-695009.
4          SREEDEVI S., AGED 61 YEARS, W/O.PEETHAMBARAN,
           92/19, MULLAI APARTMENT, PATEL 2ND STREET,
           MADRAS-60003.
5          SASIKALA, AGED 57 YEARS, W/O.BALAJI, B.S.BHAVAN,
           PATHAMKALLU, ARALUMOODU P.O., NEYYATTINKARA,
           THIRUVANANTHAPURAM-695123.
           BY ADV J.JAYAKUMAR


RESPONDENT/S:

           K.THANKAMONY, AGED 58 YEARS, W/O.LATE
           S.SUDHAKARAN, SREE PARVATHY BUILDING, VISWAMBARAN
           ROAD, PAPPANAMCODU, THIRUVANANTHAPURAM-695018.

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
23.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(FC) No.103/2022                       2



                                    JUDGMENT

A.Muhamed Mustaque, J.

The petitioners are the respondents in

O.P.No.1405/2016 on the file of the Family Court,

Thiruvananthapuram. They raised a dispute regarding

maintainability of the petition vide I.A.No.1/2021.

As seen from Ext.P4, this I.A. was filed on

06.09.2021. The petitioners approached this Court

seeking the following reliefs:

i. Direct the Family Court, Thiruvananthapuram, to consider and dispose Maintainability of Ext.P1 Original Petition No.1405/2016 in the light of Ext.P2 interlocutory application No.2607/2019, within a time frame fixed by this Hon'ble Court.

ii. Such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case.

Having considered the nature of the relief sought

and taking note of the direction proposed in this

matter, we are of the view that notice to the

respondents can be dispensed with. In the light of

the facts and circumstances, we direct the Family

Court to take up the petition for maintainability

within four weeks and pass appropriate orders after

hearing both counsel. The petitioners shall produce a

copy of this judgment before the Family Court. They

also shall serve a copy of this judgment to the

respondents and produce acknowledgement before the

Family Court.

The original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE ln

APPENDIX OF OP (FC) 103/2022

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF O.P.NO.1405/2016 FILED BY THE RESPONDENTS BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. EXHIBIT P2 TRUE COPY OF I.A.NO.2607/2019 IN O.P.NO.1405/2016 FILED BY THE PETITIONERS BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.

EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENTS IN I.A.NO.2607/2019 IN O.P.NO.1405/2016 BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. EXHIBIT P4 TRUE COPY OF I.A.NO.1/2021 IN O.P.NO.1405/2016 FILED BY THE PETITIONERS BEFORE FAMILY COURT, THIRUVANANTHAPURAM.