This original petition under Article 227 sought directions to the Family Court for mediation and permission to adduce evidence while the petitioner was abroad. The High Court held that relief must be sought before the Family Court itself and disposed of the petition without issuing notice.
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 MR. JUSTICE R. NARAYANA PISHARADI
MONDAY ,THE 01ST DAY OF OCTOBER 2018 / 9TH ASWINA, 1940
OP (FC).No. 533 of 2018
AGAINST THE ORDER/JUDGMENT IN OP 329/2017 of FAMILY COURT, IRINJALAKUDA
PETITIONER:
REMYA BABU AGED 33 YEARS D/O BABU, THAPPALODATH HOUSE, THUTHIYOOR, CSEZ PO, KAKKANAD, ERNAKULAM - 682037, NOW WORKING AT DR. BALWANTSINGHS HOSPITAL, 314 EAST STREET, SOUTH CUMMINGSBURG, GEORGETOWN, GUAYANA, REP BY POWER OF ATTORNEY HOLDER, JESSY BABU,THAPPALODATH HOUSE, THUTHIYOOR, CSEZ PO, KAKKANAD, ERNAKULAM - 682037
BY ADVS. SRI.LIJU.V.STEPHEN SMT.INDU SUSAN JACOB KUM.PRIYANKA JOSE
RESPONDENTS:
1 BIBI VARGHESE AGED 39 YEARS S/O VARGESE K.V, KANNEZHATHU HOUSE, CHIRANGARA, KORATTY SOUTH PO, THRISSUR - 680308
2 ANNIE VARGHESE W/O VARGHESE K.V, AGED 59 YEARS,KANNEZHATHU HOUSE, CHIRANGARA, KORATTY SOUTH P.O., THRISSUR,PIN- 680308
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 01.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O.P.(FC) No. 533/2018
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C.K. ABDUL REHIM
&
R. NARAYANA PISHARADI, JJ.
----------------------------------------------------O.P.(FC) No. 533 OF 2018 R
-------------------------------------------------------
Dated this the 1st day of October, 2018
J U D G M E N T
Abdul Rahim, J.
In view of the limited relief sought for in this original petition filed under Article 227 of the Constitution of India
and in view of the relief proposed to be granted, we think it
not necessary to issue notice to the respondents. Hence,
the above original petition is disposed of at the stage of its
admission itself.
gold ornaments and other articles. The respondents herein
O.P.(FC) No. 533/2018
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are the respondents in the said case. It is stated that, the process of counselling and mediation has failed before the Family Court and the respondents have already filed objections in the said case. The petitioner is pursuing the matter before the Family Court through her Power of Attorney, who is her mother. According to the petitioner, she is at present working in South America and she will be available in India on leave from 10th October 2018 till 10th November, 2018. She is seeking a direction from this court to the Family Court to permit her to adduce evidence during the time when she is available in India. Inter alia, she is seeking direction for an expeditious disposal of the case pending before the Family Court.
there is also a chance of settlement of the issues if a
O.P.(FC) No. 533/2018
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mediation is perused when the petitioner is available in India. Therefore she also seeks for a direction to the Family
Court to refer the case for mediation settlement, once again.
petitioner has to approach the Family Court for the above said reliefs. It is left open to the petitioner to file appropriate petitions before the Family Court seeking for referring the case for mediation and also seeking permission to adduce
evidence of the petitioner, during the time when she is available in India. We do not find any reason to presume that if any such applications are filed before the Family Court, the same will not be considered by that court, taking note of the exigencies involved.
O.P.(FC) No. 533/2018
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disposed of by reserving liberty of the petitioner to approach the Family Court seeking for a reference of the case for mediation, as well as seeking permission for adducing evidence of the petitioner, when she is available in India. Needless to observe that, if any such applications are filed, the Family Court shall consider the same taking note of the exigency involved and shall pass appropriate orders. It is for the Family Court to take expeditious steps for the disposal of the case at the earliest.
Sd/- C.K. ABDUL REHIM, JUDGE . Sd/- R. NARAYANA PISHARADI, JUDGE .
ul/-
O.P.(FC) No. 533/2018
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1
A TRUE COPY OF THE ORIGINAL PETITION IN O.P.NO.329/17 BEFORE THE FAMILY COURT, IRINJALAKUDA DATED 9/4/2017 FILED BY THE PETITIONER
EXHIBIT P2 A TRUE COPY OF THE OBJECTION FILED IN O.P.NO.329/17 BEFORE THE FAMILY COURT, IRINJALAKUDA DATED 12/7/2018 FILED BY THE RESPONDENTS
EXHIBIT P3
A TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER IN FAVOUR OF HER MOTHER JESSY BABU DATED 14.8.2018
3 issues framed by the court
Whether the High Court should issue a notice to respondents for an original petition under Article 227 seeking directions for mediation and adduction of evidence.
Whether the High Court should intervene in pending Family Court proceedings to direct expedited disposal and reference for mediation.
Whether the petitioner can be permitted to adduce evidence from India while appearing before the High Court under Article 227.
2 provisions across 1 enactments
REMYA BABU
BIBI VARGHESE
ANNIE VARGHESE
C.K. ABDUL REHIM
R. NARAYANA PISHARADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
