Kerala High Court
Soly Kompanamthottathil Sebastian ... vs Romeo Tena Torres Jr Also Known As ... on 13 September, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
OP (FC) NO. 581 OF 2024
OP NO.1497 OF 2024 OF FAMILY COURT,ERNAKULAM
PETITIONER/PETITIONER:
SOLY KOMPANAMTHOTTATHIL SEBASTIAN ALSO KNOWN AS REEM
AGED 49 YEARS, DAUGHTER OF SEBASTIAN, FROM
KOMPANAMTHOTTATHIL HOUSE, MATHAIPARA, KOOVALAYATTAM,
IDUKKI, KERALA, 685505 NOW RESIDING AT MOZHOOR HOUSE,
KD PLOT P.O., SOUTH KALAMASSERY, ERNAKULAM PIN 683104
AND WORKING AS STAFF NURSE IN APARTMENT 2, 19-21 ANSON
ROAD, FITZWILLIAM COURT, MANCHESTER, M145BZ, UNITED
KINGDOM. REPRESENTED BY POWER OF ATTORNEY HOLDER CHACKO
M. C., AGED 72 YEARS, S/O OUSEPH CHACKO, HAVING ADDRESS
AT MOZHOOR, CARBORANDUM ROAD, K D PLOT P.O., SOUTH
KALAMASSERY, THRIKKAKARA NORTH (PART), KALAMASSERY,
ERNAKULAM, KERALA, PIN - 683104
JOHNSON GOMEZ
SANJAY JOHNSON
SANJITH JOHNSON
ARUN JOHNY
DEEBU R.
ABIN JACOB MATHEW
JOHN GOMEZ
SARAN A.
RESPONDENTS/RESPONDENTS:
1 ROMEO TENA TORRES JR ALSO KNOWN AS ABDHULLA
AGED 50 YEARS
SON OF ROMEO TORRES SR., LOT 10, BLOCK 41, GARDENS OF
MAIA ALTA SUBDIVISION, GARDENIA STREET, DALIG, ANTIPOLO
CITY, 1870, PHILIPPINES. (EMAIL ID -
[email protected]) (WHATSAPP NO. +96 65 413
9047), PIN - 1870
2024:KER:70198
OP (FC) NO. 581 OF 2024
2
2 LUCENA TENA TORRES, AGED 82 YEARS
WIFE OF ROMEO TORRES SR., INFANTA, POB.BANTILAN,
INFANTA QUEZON, PHILIPPINES.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:70198
OP (FC) NO. 581 OF 2024
3
JUDGMENT
Devan Ramachandran, J.
After arguing this matter for some time, Sri.Johnson
Gomez - learned counsel for the petitioner, sought permission to
withdraw this Original Petition, with liberty reserved to his client
to move the learned Family Court for urgent orders.
2. We notice from the file that, what the petitioner has
sought for is virtually a declaration that " she has the sole
responsibility for the care of the Minor Wards " (sic.); however
unreservedly conceding that Ext.P1 Original Petition has been
filed by her seeking the very same prayer.
3. Obviously, this Court cannot grant any relief, which is
pending consideration before the learned Family Court; and
hence that the afore prayer of Sri.Johnson Gomez is apposite.
4. Since the petitioner says that there is a vital urgency in
her relief made before us, we are certain that if she moves the
learned Family Court for such purpose, it will be considered in its
proper perspective and with expedience that it deserves.
With the afore observation, we close this Original
Petition; however, clarifying that the petitioner will be at full
2024:KER:70198
OP (FC) NO. 581 OF 2024
liberty to move the learned Family Court appropriately; and her
right to approach this Court again in future, should she find any
cause which warrant so, is also left open.
Sd/- DEVAN RAMACHANDRAN
JUDGE
Sd/- M.B. SNEHALATHA
JUDGE
stu
2024:KER:70198
OP (FC) NO. 581 OF 2024
APPENDIX OF OP (FC) 581/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE OP NO. 1497/2024 BEFORE
THE HONORABLE FAMILY COURT, ERNAKULAM DATED
17-08-2024
Exhibit P2 A TRUE COPY OF THE IA/4/2024 DATED 17-08-
2024 FILED BEFORE THE FAMILY COURT,
ERNAKULAM
Exhibit P3 A TRUE COPY OF THE CASE STATUS IN OP NO.
1497/2024 BEFORE THE FAMILY COURT ERNAKULAM
