Sherly Xavier v. Xavier V.J.
Case brief
What is this about?
This judgment modifies a Family Court order reducing the petitioner's cost burden for recalling her husband from abroad for cross-examination from Rs.10,000 to Rs.5,000, commensurate with her financial inability, while directing the trial to conclude within three months.
What did the court decide?
Cost reduced from Rs.10,000 to Rs.5,000; Family Court directed to reopen evidence and recall witness within three months.
What the court decided
A compact analysis
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 C.K.ABDUL REHIM &
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937
OP (FC).No. 436 of 2014 (R)
PETITIONER(S)/PETITIONER:
SHERLY XAVIER, AGED 40 YEARS W/O. XAVIER, C/O. MARY MAMACHAN RESIDING AT KUNNEVELI HOUSE, OULAVIPU P.O., CHERTHALA ALAPPUZHA DISTRICT.
BY ADVS.SRI.D.M.SAJEEVAN SMT.G.SANGEETHA
RESPONDENT(S)/RESPONDENT:
XAVIER V.J., AGED 42 YEARS S/O. JOSEPH, VADAKKEVEETTIL HOUSE, H.NO. 6/321 MATTANCHERY P.O., A.B.SALEM ROAD, JEW TOWN KOCHI-682002
Issues for consideration
3 issues framed by the court
Whether this Court should interfere under Article 227 of the Constitution of India with the Family Court's order imposing costs for recalling a witness from abroad.
Whether the impugned order of costs should be modified considering the petitioner's financial inability.
Whether the Family Court should be directed to reopen evidence after costs are paid.
Parties & counsel
- petitioner
Sherly Xavier
- respondent
Xavier V.J.
Coram
C.K.Abdul Rehim
Case details
As recorded by the court registry
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