Kerala High Court
Aji Pappachan vs Sosamma John @ Jincy on 2 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
OP (FC) NO. 111 OF 2022
AGAINST THE ORDER/JUDGMENT IN OPGW 1196/2017 OF FAMILY COURT,
PATHANAMTHITTA
PETITIONER:
AJI PAPPACHAN, AGED 45 YEARS, AJI BHAVANAM, POOVATTOOR
EAST, KALAYAPURAM P.O, KALAYAPURAM VILLAGE, KOTTARAKARA
TALUK, KOLLAM DISTRICT, PIN - 691 560
BY ADVS.
VISHNU BHUVANENDRAN
B.ANUSREE
RESHMA UNNIKRISHNAN
RESPONDENT:
SOSAMMA JOHN @ JINCY, CHARIUKALAYIL, URUMPANY,
KOCHUKOICKAL P.O, SEETHATHODU VILLAGE, KONNI TALUK,
PATHANATHITTA DISTRICT, PIN - 689 645
BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL(K/963/2009)
R.RAJESH (VARKALA)(K/78/2000)
T.S.SARATH(K/257/2012)
SAMEER M NAIR(K/000481/2017)
GEETHU KRISHNAN(K/001199/2021)
HARSHA SUSAN SAM(K/000880/2019)
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
02.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC) NO. 111 OF 2022
2
JUDGMENT
A. Muhamed Mustaque, J
The petitioner approached this Court seeking the following
reliefs:
"I) Issue a direction to the Family Court, Kottarakara to consider and dispose
of Exhibit P1 petition on its file before proceeding with Exhibit P4 execution
petition.
II) To set aside order dated 22.02.2022 passed in E.A 2/2022 in E.P
No.21/2021 in O.P (G&W) No.1196/2017; and
III) Issue such other reliefs as this Honourable Court may deem fit and
proper in the facts and circumstances of the case."
2. In a custody matter, the petition filed by the
respondent, who is the mother of two children, the petitioner
was set ex-parte and the custody was ordered to be given to the
respondent. An execution petition has been laid. At this
juncture, the petitioner approached this Court.
3. The petitioner is having the custody of the elder son
and the respondent is having the custody of the younger
OP (FC) NO. 111 OF 2022
daughter.
4. The respondent is currently working at Singapore.
5. On 23.02.2022, this Court stayed the Execution
proceedings taking note of the fact that the petition to set aside
the ex-parte decree filed by the petitioner along with an
application to condone delay is pending.
6. Since it was pointed out before this Court that the
respondent was in India and is planing to return to Singapore,
we allowed her to interact with the elder son on 1.03.2022 from
the premises of the Family Court, Kottarakara. It is submitted at
the Bar, the petitioner had complied with the above order.
7. Having considered the totality of the facts and
circumstances, we are of the view that this original petition can
be disposed of with the following directions:
I) The Family Court shall take up the application for
setting aside the ex-parte decree filed along with an application
to condone delay within a period of three weeks from today.
OP (FC) NO. 111 OF 2022
II) Till the applications are considered and disposed of by
the Family Court, all further proceedings in the Execution
petition shall be kept in abeyance.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SOPHY THOMAS
JUDGE
PR
OP (FC) NO. 111 OF 2022
APPENDIX OF OP (FC) 111/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PETITION TO SET ASIDE
EXPARTE JUDGMENT ALONG WITH THE AFFIDAVIT
DATED 19.02.2022
Exhibit P2 TRUE COPY OF THE PETITION FILED UNDER SECTION
5 OF THE LIMITATION ACT ALONG WITH
AFFIDAVIT .
Exhibit P3 TRU COPY OF THE OBJECTION IN O.P (G&W)
NO.1196/2017 FILED BY THE PETITIONER
Exhibit P4 TRUE COPY OF THE E.P NO. 21/2021 IN O.P (G&W)
NO.1196/2017 FILED BY THE RESPONDENT
Exhibit P5 TRUE COPY OF THE OBJECTION IN E.P NO. 21/2021
IN O.P (G&W) NO.1196/2017 FILED BY THE
PETITIONER
Exhibit P6 THE TRUE COPY OF THE E.A NO. 2/2021 IN E.P
NO. 21/2021 IN O.P (G&W) NO.1196/2017 FIELD
BY THE RESPONDENT
Exhibit P7 THE TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER IN E.A NO. 2/2022 IN E.P NO.
21/2021 IN O.P (G&W) NO.1196/2017
