Kerala High Court
Ninny Sunny vs Sam K. Sebastian on 26 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
THURSDAY, THE 26TH DAY OF SEPTEMBER 2024 / 4TH ASWINA, 1946
OP (FC) NO. 599 OF 2024
AGAINST THE ORDER IN I.A.4/2024 IN OP NO.257 OF 2020 OF FAMILY
COURT, THODUPUZHA
PETITIONER/RESPONDENT IN THE I.A./RESPONDENT IN THE OP:
NINNY SUNNY
AGED 33 YEARS
DAUGHTER OF SUNNY PALATHINAL HOUSE, VALLAKKADAVU KARA
KATTAPPANA VILLAGE, IDUKKI TALUK IDUKKI DISTRICT NOW
RESIDING AT: APARTMENT SYLVANIA 198 (BUILDING NO: 8/
2558) SKYLINE IVY LEAGUE, EDACHIRA, KAKKANAD KOCHI, PIN -
682030
BY ADVS.
BOBY MATHEW
K.MEERA
RESPONDENT/PETITIONER IN THE I.A/PETITIONER IN THE OP:
SAM K. SEBASTIAN
AGED 33 YEARS
SON OF SEBASTIAN, KALATHIPARAMBIL HOUSE, MUTHALAKODAM P.O
THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT,
PIN - 685605
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
26.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(FC) No.599 of 2024
2
JUDGMENT
DEVAN RAMACHANDRAN (J)
The petitioner asserts that Ext.P10 application
filed by the respondent before the learned Family
Court, Thodupuzha is not maintainable and seeks a
direction from this Court to declare so and to "quash
all further proceedings in pursuance thereto" (sic).
2. We rather taken up back by the prayers in this
Original Petition because, it is conceded by the
petitioner that Ext.P10 application is still pending
and that the learned Family Court has not taken a final
decision thereon. Obviously, a case against its
maintainability, is for the petitioner to impel it
before the learned Court; and he could not have
approached this Court seeking a declaration that it is
not maintainable.
3. Interestingly, we see that prayer No.C in this
Original Petition is for a direction to the learned
Family Court, Thodupuzha to consider "all aspects and
take a decision as regards the maintainability of
Ext.P10 I.A before proceeding with it further"(sic).
4. We completely fail to fathom why the petitioner
should have sought such a prayer before us. We have no
reason to believe that the learned Family Court will
not consider all aspects in its proper perspective, as
also any contention, including on the maintainability
of Ext.P10, if it is properly impelled.
We, therefore, find no cause to keep this Original
Petition pending; and therefore, is closed.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
JUDGE
SAS
APPENDIX OF OP (FC) 599/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE MEMORANDUM OF AGREEMENT DATED
01/07/2021 SIGNED BETWEEN THE PETITIONER AND
RESPONDENT BEFORE THE DISTRICT MEDIATION
CENTER, IDUKKI - THODUPUZHA IN OP 257 OF 2020
OF THE FAMILY COURT, THODUPUZHA.
Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 01/07/2021
SIGNED BY THE PETITIONER AND RESPONDENT
COMPROMISING OP NO: 257 OF 2020 OF THE FAMILY
COURT, THODUPUZHA
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 07/07/2021
PASSED BY THE FAMILY COURT, THODUPUZHA IN OP
NO: 257 OF 2020
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 22/07/2021
PASSED BY THE FAMILY COURT, THODUPUZHA IN OP
NO: 199 OF 2021
Exhibit P5 TRUE COPY OF I.A NO: 3 OF 2023 DATED
20/07/2023 IN OP (G&W) 21 OF 2023 FILED BY THE
PETITIONER BEFORE THE FAMILY COURT, THODUPUZHA
Exhibit P6 TRUE COPY OF THE COUNTER AFFIDAVIT DATED
26/07/2023 FILED BY THE RESPONDENT HEREIN TO
I.A 3 OF 2023 IN OP (G & W) 21 OF 2023
Exhibit P7 TRUE COPY OF THE FIR IN CRIME NO: 1514 OF 2023
OF THE INFO PARK POLICE STATION
Exhibit P8 TRUE COPY OF THE ORDER DATED 16/09/2023 PASSED
BY THE FAMILY COURT, THODUPUZHA, IN I.A 3/2023
OP (G&W) 21OF 2023
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 07/11/2023
PASSED BY THE HON'BLE HIGH COURT IN OP (FC)
617 OF 2023
Exhibit P10 TRUE COPY OF I.A 4 OF 2024 DATED 30/03/2024 IN
OP 257 OF 2020 ON THE FILE OF THE FAMILY
COURT, THODUPUZHA
