Sindhu v. Biju @ Unni
Case brief
What is this about?
The High Court of Kerala converted an interim attachment order of maintenance arrears into an absolute attachment order, disposing of the petition without examining specific grounds due to the respondent's absence and unserved notice.
What did the court decide?
Expired interim attachment order made absolute and the original petition dismissed without examining grounds; attached amount kept open for Family Court consideration.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.D.RAJAN
MONDAY, THE 18TH DAY OF MARCH 2013/27TH PHALGUNA 1934 OP (FC).No. 2133 of 2012 (R) ----------------------------MP NOS.162/2012 & 163/2012 IN mc 290/2004 OF FAMILY COURT, MUVATTUPUZHA EP.NO.9/2010 IN O.P.NO.1306/2004 OF FAMILY COURT, THODUPUZHA
PETITIONER(S): PETITIONERS:
- SINDHU, AGED 40 YEARS D/O BHASKARAN, RESIDING AT NIRAPPEAL VETTIL HOUSE PERUMBALLOOR KARA, ARAKKUZHA VILLAGE MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT 686672
- ASWATHY, AGED 16 YEARS D/O BIJU @ UNNI REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN- SINDHU D/O BHASKARAN, RESIDING AT NIRAPPEL VETTIL HOUSE PERUMBALLOOR KARA, ARAKKUZHA VILLAGE MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT 686672
BY ADVS.SRI.PEEYUS A.KOTTAM SRI.O.S.JAFARKHAN
SRI.JEFF JOSEPH
RESPONDENT(S): RESPONDENT:
BIJU @ UNNI, AGED 43 YEARS, S/O GOVINDAN, RESIDING AT KALAPPURACKAL HOUSE PANDINJARAKODIKULAM P.O, THODUPUZHA TALUK IDUKKI DISTRICT 685584
Issues for consideration
2 issues framed by the court
Whether the petition for attachment of deposited maintenance arrears could be disposed of ex parte due to the respondent's inability to be served
Whether the attachment ordered interimly should be made absolute in the absence of any claim by the respondent
Parties & counsel
- petitioner
Sindhu, ASwathy
- respondent
BIJU @ UNNI
Coram
A.M. Shaffique
Case details
As recorded by the court registry
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