Dismissed

Wilson v. Annie @ Sherly

Kerala HC31 Jan 2012OP (FC)/108/2012

Case brief

AI extract

What is this about?

In an original petition challenging an interim maintenance order of the Family Court, the High Court of Kerala declined to exercise its superintendence jurisdiction under Article 227. The court noted the petitioner claimed mental illness but lacked current medical evidence, limiting its ability to intervene.

What did the court decide?

The original petition challenging the Family Court order stands dismissed; jurisdiction declined.

Wilson Vs Annie @ Sherly — Maintenance and Alimony | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.M.JOSEPH

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& THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS

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TUESDAY, THE 31ST DAY OF JANUARY 2012/11TH MAGHA 1933

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OPFC.No. 108 of 2012 (R)

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MC.232/2010 of FAMILY COURT,THRISSUR

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PETITIONER(S):

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WILSON S/O.VAREETH,

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MEKKATTUKULANGARA HOUSE ARAMBULLY DESOM,ANJUR VILLAGE, THRISSUR DISTRICT.

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BY ADVS.SRI.NAGARAJ NARAYANAN

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SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN

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SRI.SEBIN THOMAS SRI.M.NOOHUKUNJU SAHIB

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SMT.J.KASTHURI

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RESPONDENT(S):

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ANNIE @ SHERLY D/O.ALOOR PORINCHU POOTHURUTHY VILLAGE POOTHURUTHY P.O

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THALAPPILLY TALUK,THRISSUR DISTRICT-682 308.

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MINOR IRIN, AGED 3 YEARS D/O.PETITIONER AND 1ST RESPONDENT REP.BY HER GUARDIAN

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MOTHER,1ST RESPONDENT ANNIE @ SHERLY.

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 31-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OPFC NO.108/2011:

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PETITIONER'S EXHIBITS:

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EXT.P1.A COPY OF PETITION AS MP NO.257/10 IN MC NO.232/10 FILED BEFORE THE FAMILY COURT, THRISSUR.

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EXT.P2.COPY OF THE COUNTER FILED BY THE PETITIONER IN MP NO.257/10 IN MC NO.232/10 BEFORE THE FAMILY COURT, THRISSUR.

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EXT.P3.CERTIFIED COPY OF ORDER DATED 14.7.2011 IN M.P.NO.257/10 IN MC NO.232/10 BEFORE THE FAMILY COURT, THRISSUR.

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EXT.P4.TRUE COPY OF THE MEDICAL CERTIFICATE.

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K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.

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----------------------------------------OP.(FC) No.108 of 2012-R

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Dated, this the 31^st day of January, 2012

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J U D G M E N T

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K.M.Joseph, J.

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Petitioner challenges Ext.P3. Ext.P3 is the order passed on a petition filed by the wife and minor daughter of the petitioner seeking interim maintenance in the MC filed by them. The Family Court, Thrissur has ordered maintenance at the rate of `.1,000/- per month. The only argument appears to be that the petitioner is suffering from Paranoid Schizophrenia. Reliance is placed on Ext.P4 medical certificate. Ext.P4 shows that the petitioner was discharged on 24.5.2007 though of course it is stated that he needs treatment for indefinite period. Though time was granted for production of certificate showing his present condition no such certificate is produced. Considering our limited jurisdiction under Article 227 of the Constitution we decline jurisdiction. Accordingly, the Original Petition stands dismissed.

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(K.M.JOSEPH) JUDGE.

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(M.L.JOSEPH FRANCIS) JUDGE.

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Wilson v. Annie @ Sherly

Case brief

What is this about?

What did the court decide?

Wilson v. Annie @ Sherly

Case brief

What is this about?

What did the court decide?

What the court decided

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