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Ajith S. Vs Monisha — Service and Employment | Kerala HC (2017)

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Kerala HC
2017
Ajith S. Vs MonishaAjith S. v. Monisha

Disposed

Ajith S. v. Monisha

Kerala HC3 Mar 2017OP(Crl.)/167/2017

Case brief

AI extract

What is this about?

The Supreme Court of Kerala Order sought to keep a warrant in abeyance pending disposal of two other petitions filed by the petitioner.

What did the court decide?

Direct the court below to keep the issued warrant in abeyance till the disposal of Exts. P3 and P4 petitions.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

FRIDAY, THE 3RD DAY OF MARCH 2017/12TH PHALGUNA, 1938 OP(Crl.).No. 167 of 2017 (Q) -----------------------------

AGAINST THE ORDERIN MC 387/2014 of FAMILY COURT, NEDUMANGAD

PETITIONER(S)/RESPONDENT:

AJITH S. AGED 36 YEARS, S/O. GIRIJA KUMARI, BINU VILASOM, PALLIVATTOM, KARIMANKODU P.O., PACHA, PALODU, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.LATHEESH SEBASTIAN

RESPONDENT(S)/PETITIONERS:

MONISHA AGED 31 YEARS, W/O. AJITH S., USHA SADAN, NEAR N.S.S.H.S., PERINGAMALA, PACHA, PALODU, THIRUVANANTHAPURAM DISTRICT. 2. AAYILYA AJITH AGED 7 YEARS, D/O. MONISHA, USHA SADAN, NEAR N.S.S.H.S, PERINGAMALA, PACHA, PALODU, THIRUVANANTHAPURAM DISTRIT, MINOR, REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN MONISHA.

THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 03-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Parties & counsel

AI extract

petitioner
Ajith S.
respondent
Monisha
respondent
Aayilia Ajith

Coram

AI extract

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 3 Mar 2017 · March
Registered: 2 Mar 2017
Case no.: OP(Crl.)/167/2017

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Cite this judgement

Ajith S. v. Monisha, OP(Crl.)/167/2017 (KL), decided on 3 March 2017.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

B. Sudheendra Kumar

Parties & counsel

Outcome

Direct the court below to keep the issued warrant in abeyance till the disposal of Exts. P3 and P4 petitions.

Detailed headnote1 paragraphs

The petitioner prayed for the arrest warrant issued in a family court matrimonial case to be kept in abeyance pending the disposal of his other petitions (CMPs). The Court directed the lower court to keep the warrant in abeyance till the disposal of those two petitions within ten days.

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.

OP(Crl.).No. 167 of 2017 (Q)

APPENDIX

PETITIONER(S)' EXHIBITS

P1 TRUE COPY OF THE ORDER OF THE FAMILY COURT, NEDUMANGAD DATED 04.11.2014 IN M.C NO. 387/2014.

P2 TRUE COPY OF CMP NO. 270/2015 IN CM.C NO. 387/2014.

P3 TRUE COPY OF CMP NO .119/2017 IN M.C NO. 387/2014.

P4 TRUE COPY OF CMP NO. 118/2017 IN MC NO. 387/2014.

P5 TRUE COPY OF THE QUESTIONNAIRE AND THE ANSWER PROVIDED BY THE INFORMATION OFFICER OF DISTRICT HOSPITAL, NEDUMANGAD DATED 25.11.2016.

B. SUDHEENDRA KUMAR, J.

O.P. (Crl.) No. 167 of 2017

Dated this the 3^rd day of March, 2017

Order

In this case, the limited prayer of the petitioner is to keep the warrant issued by the court below in M.C. No. 387 of 2014 in abeyance till the disposal of Exts. P3 and P4 petitions by the court below.

Heard the learned counsel for the petitioner.

In view of the nature of the prayer, I am of the view that it is not necessary to issue notice to the respondents.

Having gone through the relevant inputs, I am of the view that it is only just and proper to direct the court below to keep the warrant, if any, issued by the court below, in abeyance till the disposal of Exts. P3 and P4 petitions by the court below. The court below shall dispose of Exts. P3 and P4 petitions within ten

O.P. (Crl.) No. 167 of 2017

-2-

days from the date fixed for the appearance of the petitioner before the court below.

The petitioner shall appear before the court below on 20-3-2017, without any further notice.

Sd/-B. SUDHEENDRA KUMAR, JUDGE .

ani/

/true copy/

P.S.to Judge

B. Sudheendra Kumar

CNR

KLHC010372672017

Topic

Service and Employment

Bench

B.sudheendra Kumar

Disposal

ALLOWED

3 Mar 2017

Harikrishnan Vs State of Kerala

6 Mar 2017