Disposed

Sheeja Mol v. P. Sunil

Kerala HC12 Aug 2013OP (FC)/1846/2013

Case brief

AI extract

What is this about?

In an original petition filed by the respondent in an appeal against a Family Court order, the High Court of Kerala closed the petition after learning that the underlying dispute between the parties was already settled via mediation at the trial court. No independent examination of the challenged interim order was warranted.

What did the court decide?

Closed the original petition disposing of the matter without independent examination of the impugned order.

Sheeja Mol Vs P. Sunil — 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

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OP (FC).No. 1846 of 2013 (R)

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----------------------------I.A. NO.104/2013 IN OP. NO. 449/2009 OF FAMILY COURT, KOZHIKODE.

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PETITIONER-(RESPONDENT IN I.A.104/2013 IN OP. NO. 449/2009):

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SHEEJA MOL, D/O.BALAN, SREE KOUSTHUBHAM, THATTARI PARAMBA, VELLIMADUKUNNU, KOZHIKODE-673 012.

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BY ADV. SMT.ASHA CHERIAN.

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RESPONDENT-(PETITIONER IN I.A.104/2013 IN OP. NO. 449/2009):

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P. SUNIL, S/O.BHASKARAN MASTER, SOURABYA, KIZHUKKARAPARAMBA, CHEVAYUR, KOZHIKODE-673 017.

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BY ADVS. SRI.MANJERI SUNDERRAJ, SMT.K.K.PREETHA.

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THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 12-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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OP (FC).No. 1846 of 2013 (R)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1. TRUE COPY OF THE ORDER DATED 19/02/2009 IN OP NO.668/2008 OF FAMILY COURT, KOZHIKODE.

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EXHIBIT P2. TRUE COPY OF THE ORDER DATED 01/07/2009IN OP NO.449/2009 OF FAMILY COURT, KOZHIKODE.

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EXHIBIT P3. TRUE COPY OF THE AFFIDAVIT DATED 02/09/2011 IN IA NO.1725/2011 IN OP. NO.449/2009 FILED BY THE RESPONDENT .

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EXHIBIT P4. TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER IN IA NO.1725/2011.

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EXHIBIT P5. TRUE COPY OF THE ORDER DATED 22/09/2011 IN IA NO.1725/2011 IN OP. NO.449/2009 OF FAMILY COURT, KOZHIKODE.

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EXHIBIT P6. TRUE COPY OF THE AFFIDAVIT IN IA NO.104/2013 IN OP. NO.449/2009 FILED BY THE RESPONDENT.

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EXHIBIT P7. TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER IN IA. NO.104/2013.

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EXHIBIT P8. TRUE COPY OF THE COMPLAINT DATED 23/03/2013 FILED BY THE PETITIONER IN IA NO.104/2013 BEFORE THE SHERISTADAR, FAMILY COURT, KOZHIKODE.

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EXHIBIT P9. TRUE COPY OF THE ORDER DATED 26/04/2013 IN IA NO.104/2013 IN OP NO.449/2009 OF FAMILY COURT, KOZHIKODE.

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EXHIBIT P10 COPY OF THE I.A.504/2013 DATED 27/05/2013 FILED BY THE RESPONDENT BEFORE FAMILY COURT, KOZHIKODE.

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RESPONDENT'S EXHIBITS:-

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EXT.R1 COPY OF THE MO RECEIPTS SENT BY RESPONDENT TO THE PETITIONER.

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EXT.R2 COPY OF THE BANK ACCOUNT STATEMENT OF THE RESPONDENT.

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EXT.R3 COPY OF THE TERM DEPOSIT RECEIPT IN THE NAME OF MINOR BY RESPONDENT.

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EXT.R4 COPY OF THE 6 SHEETS EXTRACTS OF 20 PHOTOGRAPHS OF THE CHILD WITH THE RESPONDENT AND RELATIVES.

//TRUE COPY//

P.A. TO JUDGE.

rs.

ANTONY DOMINIC & P.D. RAJAN, JJ.

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O.P.(FC)No.1846 of 2013

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Dated this the 12^th day of August, 2013

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JUDGMENT

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ANTONY DOMINIC,J.

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From the submissions made by both sides, it is seen that the dispute in O.P.No.449/2009 on the file of the Family Court, Kozhikode itself has been settled between the parties in mediation at Kozhikode.

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In such circumstances, there is no warrant for examining the validity of the interim order passed by the Family Court in the aforesaid O.P., which is challenged in this original petition (FC).

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Accordingly, the O.P.(FC) is closed.

¶44

ANTONY DOMINIC, JUDGE

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P.D. RAJAN, JUDGE.

¶46

acd

Sheeja Mol v. P. Sunil

Case brief

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Sheeja Mol v. P. Sunil

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