Kerala High Court
Prasanth K.M vs Geethanjali on 6 September, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
OP (FC) NO. 544 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
OP (FC) NO. 544 OF 2024
MC NO.439 OF 2018 OF FAMILY COURT, ERNAKULAM
PETITIONER/JUDGMENT DEBTOR:
PRASANTH K.M
AGED 39 YEARS
S/O MADHUSOODANAN, KELAMANGALAM HOUSE, CHITTOOR,
ERNAKULAM, PIN - 682027
BY ADVS.
SAJI.P.JOSEPH
C.C.MATHEW
G.MINI (PALATH)
A.SEENA
K.T.SAJU
THANKARAJAN P.K.
DEEPESH E.S
SALI P.MATHEW
RESPONDENTS/DECREE HOLDER:
1 GEETHANJALI
AGED 25 YEARS
D/O BALACHANDRAN, M.E.S EMPLOYEE, KOMANKATTIL HOUSE,
EDAVILANGU P.O, KODUNGALLOOR, PIN - 680671
2 DHANVIN
S/O PRASANTH K.M AND GEETHANJALI, AGED 9 YEARS,
KOMANKATTIL HOUSE, EDAVILANGU P.O , KODUNGALLOOR-, PIN
- 680671
3 DHYUMNAN
AGED 9 YEARS
S/O PRASANTH K.M AND GEETHANJALI, AGED 9 YEARS,
OP (FC) NO. 544 OF 2024
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KOMANKATTIL HOUSE, EDAVILANGU P.O , KODUNGALLOOR, PIN -
680671
BY ADVS.
ENOCH DAVID SIMON JOEL
S.SREEDEV(K/1219/2006)
RONY JOSE(K/705/2012)
LEO LUKOSE(K/001131/2016)
KAROL MATHEWS SEBASTIAN ALENCHERRY(K/126/2010)
DERICK MATHAI SAJI(K/1901/2021)
KARAN SCARIA ABRAHAM(K/003189/2023)
MANEESHA KUMAR(K/447/2008)
OTHER PRESENT:
SRI SREEDEV
THIS OP (FAMILY COURT) HAVING COME UP FOR HEARING ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC) NO. 544 OF 2024
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DEVAN RAMACHANDRAN & SOPHY THOMAS, JJ.
==============================================
OP (FC) No. 544 of 2024
===============================================
JUDGMENT
Dated this the 6th day of September, 2024
The sole prayer made by the petitioner is that the Family Court,
Ernakulam, be directed to defer further proceedings in E.P. 10 of 2024 in
MC 439 of 2018, until Exts. P2 and P3--namely, MP No. 747 of 2023
and MP No. 748 of 2023 -- which seek to set aside the earlier allegedly
ex-parte maintenance order against him; and to condone the delay in its
filing--are taken up and disposed of by the learned Court.
2. Noticing the afore plea of the petitioner, we called for a report
from the learned Family Court, Ernakulam, which is now available.
3. The learned Judge has reported that the aforementioned two
miscellaneous petitions are listed to 10.10.2024, at the request of both
sides, who sought an attempt of settlement; and that the execution
petition is also listed to that date.
4. It is, therefore, obvious, that this Court do not require to intervene
OP (FC) NO. 544 OF 2024
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at this stage because the learned Family Court itself is aware of the real
implications involved.
5. Sri. Sreedev appearing for the respondent, however, submitted
that the attempt of the petitioner is questionable because, the execution
petition and the aforementioned miscellaneous applications are listed to
10.10.2024 at his own request.
In the above circumstances, we refuse to interfere at this stage and
hence close this Original Petition; however, leaving liberty to the
petitioner to approach this Court again in the future, if it becomes so
warranted. For this purpose, all rival contentions are left undecided.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
SOPHY THOMAS
JUDGE
RMV
OP (FC) NO. 544 OF 2024
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APPENDIX OF OP (FC) 544/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMMON JUDGMENT DATED
23.03.2022 IN M.C. NO. 439/ 2018 OF THE
FAMILY COURT, ERNAKULAM
Exhibit P2 IN THIS CONTEXT A TRUE COPY OF THE
APPLICATION SUBMITTED IN M.P. NO.747/
2023DATED 03.11.2023 IN M.C. NO. 439/ 2018 ON
THE FILES OF FAMILY COURT, ERNAKULAM
Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED IN
M.P. NO.748/ 2023DATED 03.11.2023 IN M.C. NO.
439/ 2018 ON THE FILES OF FAMILY COURT,
ERNAKULAM
Exhibit P4 CONTEXT A TRUE COPY OF THE COUNTER AFFIDAVIT
DATED 05.03.2024 FILED IN M.P. NO.748/ 2023
IN M.C. NO. 439/ 2018 ON THE FILES OF FAMILY
COURT, ERNAKULAM
Exhibit P5 A TRUE COPY OF THE APPLICATION SUBMITTED IN
E.P. NO. 100/ 2024 IN M.C. NO. 439/ 2018 ON
THE FILES OF FAMILY COURT, ERNAKULAM
