Remanded

Mohanan v. Ravikumar

Kerala HC12 Aug 2013Mat.Appeal/468/2013

Case brief

AI extract

What is this about?

The matrix appeals against the Family Court's rejection of an application disputing the maintainability of a matrimonial order. The High Court set aside the impugned order as a non-speaking order and remitted the matter for reconsideration within six weeks.

What did the court decide?

The order passed by the Family Court in I.A.No.725 of 2012 in O.P.No.981 of 2010 was set aside and the matter remanded for fresh consideration within six weeks.

Mohanan Vs Ravikumar — Matrimonial and Divorce | Kerala HC (2013)

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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 ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE P.D.RAJAN

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MONDAY, THE 12TH DAY OF AUGUST 2013/21ST SRAVANA, 1935 Mat.Appeal.No. 468 of 2013 () ------------------------------

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AGAINST THE ORDER/JUDGMENT IN OP 981/2010 of FAMILY COURT, IRINJALAKUDA DATED 21-05-2013

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APPELLANT(S)/RESPONDENTS:

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MOHANAN S/O.KRISHNAN NAIR, ANUPAMA HOUSE, PATTIPPARAMBU THIRUVILLAMALA, THRISSUR.

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CHANDRIKA D/O.KRISHNAN NAIR, POONAMKURISSY HOUSE VADAKKETHARAKAVISSERY, PALAKKAD.

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PRATHIBA D/O.KRISHNAN NAIR, VEETTIKKAL PUTHAN VEEDU VADAKKETHARA, PALAKKAD. 4. AHOOTHY D/O.KRISHNAN NAIR, 17/7 KRISHNA SWAMI STREET SELVANPETTA, VELLUR. 5. YOGESH S/O.KRISHNAN NAIR, POOZHIKUNNU HOUSE, ATTOOR. 6. YATHEESH S/O.KRISHNAN NAIR, POOZHIKUNNU HOUSE, ATTOOR. 7. YAMESH S/O.KRISHNAN NAIR, POOZHIKUNNU HOUSE, ATTOOR. BY ADVS.SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.SITHARA SHAMSUDEEN

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RESPONDENT/PETITIONER:

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RAVIKUMAR S/O.GOPALAKRISHNA MENON, CHITTEZHATHU HOUSE SRINGAPURAM, KODUNGALLUR.

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R. BY ADV. SRI.A.JAYASANKAR R. BY ADV. SRI.MANU GOVIND R. BY ADV. SRI.JOPHY POTHEN KANDANKARY

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THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 12-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ANTONY DOMINIC & P.D.RAJAN, JJ

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......................................... Mat Appeal No.468 of 2013

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......................................... Dated 12^th August, 2013

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JUDGMENT

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ANTONY DOMINIC, J

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Heard the learned counsel for the appellant and also learned counsel appearing for the respondent. Appellant is aggrieved by the order passed by Family Court, rejecting I.A.No.725 of 2012 in O.P.No.981 of 2010. The said I.A was filed by the appellant, disputing the maintainability of O.P.No.981 of 2010 filed by the respondent. The I.A was rejected by the Family Court stating that in view of the decision reported in 2009(1) KLT 692 (which should have been 2009(1) KLT 892), the court is of the opinion that the claim is relating to the word 'circumstances' occuring in clause 7(1)(d) of Family Courts Act.

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Having gone through the order impugned, we are of the view that the order is untenable for various reasons. Although, under Section 7(1)(d) a suit or proceedings for an order of injunction in the circumstances arising out of a marital relationship is maintainable, when the maintainability of a proceedings is challenged by a party, the court should examine the facts of the case and further examine whether

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MA 468/2013

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the principles laid down by this court or the ingredients of the section are attracted to those facts. In the instant case, apart from referring to a decision of this court and also the statutory provision, the court has neither dealt with the facts of the case nor the statutory provisions.

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In such circumstances, we are satisfied that the order impugned is a non-speaking one and for that reason itself, it is liable to be set aside. Accordingly, the order passed by Family court in I.A.No.725 of 2012 in O.P.No.981 of 2010 is set aside. Family Court shall reconsider the matter and pass fresh orders in accordance with law. This shall be done as expeditiously as possible, at any rate, within six weeks from the date of production of a copy of this judgment.

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ANTONY DOMINIC, JUDGE

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P.D.RAJAN, JUDGE

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lgk

Mohanan v. Ravikumar

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Mohanan v. Ravikumar

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