Maria Shifa vs Jomy
2023 Latest Caselaw 13505 Ker

Kerala High Court

Maria Shifa vs Jomy on 21 December, 2023

Author: C.S Dias

Bench: C.S.Dias

                                        1
RP(FC) No.166 of 2021




                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                        THE HONOURABLE MR.JUSTICE C.S.DIAS
 THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
                               RPFC NO. 166 OF 2021
AGAINST THE ORDER/JUDGMENT MC 116/2017 OF FAMILY COURT, PALAKKAD
REVISION PETITIONER/S:

               MARIA SHIFA,
               AGED 35 YEARS
               D/O. FRANCIS, PALLIKUNNATH HOUSE, HOUSE NO. 430/3,
               MAITHRI NAGAR, SASTHA NAGAR, AKATHETHARA, PALAKKAD
               678 008.

               BY ADV MANU ROY


RESPONDENT/S:

               JOMY,
               AGED 36 YEARS
               S/O. JOSY, CHANGALAYIL HOUSE, EDAKKALATHUR P.O,
               MULLASSERY, CHAVAKKAD TALUK, THRISSUR-680 509

               BY ADVS.
               GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
               A.R.DILEEP
               MANU SRINATH



       THIS      REV.PETITION(FAMILY        COURT)   HAVING   COME   UP   FOR
ADMISSION ON 21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                    2
RP(FC) No.166 of 2021




                               C.S DIAS,J.
                            ---------------------------
                        RP(FC) No.166 of 2021
                          -----------------------------
                Dated this the 21st day of December, 2023

                               ORDER

Dissatisfied with the quantum of maintenance awarded by

the Family Court, Palakkad, in MC No.116/2017, the petitioner

before the court below has filed the revision petition. The

respondent was the respondent before the Family Court.

2. Heard; Sri.Manu Roy, the learned counsel appearing

for the revision petitioner and Sri.George Varghese, the learned

counsel appearing for the respondent.

3. When the revision petition was taken up for

consideration, the learned counsel appearing for the revision

petitioner submitted that the revision petition may be dismissed

as withdrawn.

4. The learned counsel appearing for the respondent

submitted that since the lower court records have been called

for by this Court, the same may be directed to be transmitted

back to the Family Court, Palakkad, so that the respondent can

get his passport from the Family Court.

5. In the light of the above submission, the revision

petition is dismissed as withdrawn. The Registry is directed to

forthwith re-transmit the lower court records to the Family

Court, Palakkad. It would be up to the respondent to approach

the Family Court and seek for return of his passport, in

accordance with law.

sd/-

sks/21.12.2023                          C.S.DIAS, JUDGE






                                     APPENDIX

PETITIONER'S ANNEXURES

A1- ORDER IN MC 116/2017 DATED 30.4.2021