The High Court of Kerala set aside a cryptic order passed by the Family Court, Kottayam, in an attachment application. The Court remitted the matter to the Family Court to address objections raised by the parties and pass a reasoned order within one month.
Exhibit P3 order set aside; matter remanded to Family Court, Kottayam, to pass a reasoned order within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE KURIAN JOSEPH &
THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID
THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929
WP(C).No. 36 of 2008(S)
-----------------------------AGAINST THE ORDER DATED IN EA 128/07 IN EP 34/07 IN OP.499/2004 of FAMILY COURT, KOTTAYAM
....................
PETITIONER:
---------------
KARTHYAYANI, W/O. THAMBI, PUTHANPARAMBIL HOUSE, P.O. PERUR, KOTTAYAM, PIN - 686 610.
BY ADV. SRI. P. CHANDRASEKHAR
RESPONDENTS:
------------------
A.C. VALSALA, W/O. SASIKUMAR, EKKALAYIL HOUSE, P.O. PERUR, KOTTAYAM DISTRICT, PIN - 686 610.
BY ADV. SRI. G. UNNIKRISHNON SRI. K. SANEESH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 36/2008(S)
A P P E N D I X
PETITIONER'S EXHIBITS:
EXT. P1 : COPY OF PETITION IN EA NO. 128/2007 IN EP NO.34/2007 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, KOTTAYAM.
EXT. P2 : COPY OF THE OBJECTION FILED BY THE PETITIONER IN EA NO. 128/2007 IN EP NO. 34/2007 BEFORE THE FAMILY COURT, KOTTAYAM.
EXT. P3 : COPY OF THE ORDER DATED 27.11.2007 OF THE FAMILY COURT, KOTTAYAM IN EA 128/2007 IN EP NO. 34/2007.
EXT. P4 IN
I.A. 1670/08: COPY OF OBJECTION OF THE PETITIONER IN EA. NO. 128/2007 IN EP. NO. 34/2007 IN OP NO. 499/2004 ON THE FILE OF THE FAMILY COURT, KOTTAYAM.
// True Copy //
P.A. to Judge.
smp
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
----------------------------------------W.P.(C). No. 36 OF 2008
----------------------------------------Dated this the 31st day of January, 2008.
J U D G M E N T
Kurian Joseph, J.
Challenge is on Exhibit P3 order passed by the Family Court, Kottayam in E.A.128/2007 in E.P.34/2007. That order is passed on Exhibit P1 petition. The said application for attachment is opposed as per the objection which is produced as Exhibit P4. The Family Court has passed a cryptic order which reads as follows:
“Attach and notice”.
Therefore, we set aside Exhibit P3 and remit the matter to the Family Court, Kottayam. Parties will appear before the Family Court on 18.02.2008. Thereafter, the court shall dispose
W.P.(C). No. 36/08 2
of the application, in the light of the observations contained in
this judgment, within a period of another one month.
KURIAN JOSEPH JUDGE
HARUN-UL-RASHID
JUDGE
smp
1 issue framed by the court
Whether the Family Court's cryptic order satisfying the attachment application requirements of a judicial order necessitating addressing objections and passing a reasoned order. Whether the Family Cou
KARTHYAYANI
A.C. VALSALA
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
