This petition sought suspension of a family court warrant against the 1st petitioner due to mental illness. Service on the respondent failed. The court dismissed the petition by keeping it closed, granting liberty to challenge coercive steps later.
Original petition closed with liberty to challenge any coercive steps.
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 A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 28TH DAY OF SEPTEMBER 2021 / 6TH ASWINA, 1943
OP (FC) NO. 657 OF 2019
AGAINST THE ORDER/JUDGMENT IN OP 1818/2009 OF FAMILY
COURT,ERNAKULAM, ERNAKULAM
PETITIONERS:
1 NANDAKUMAR, AGED 40 YEARS, S/O. KUNJUNNI NAIR, KANNATH HOUSE, AVITTATHOOR P O, IRINJALAKUDA,.2LEELA, AGED 75 YEARS, W/O. KUNJUNNI NAIR,
KANNATH HOUSE, AVITTATHOOR P O, IRINJALAKUDA.
BY ADVS.
R.BINDU (SASTHAMANGALAM)
PRASANTH M.P
RESPONDENT:
DEEPTHI V., AGED 37 YEARS, D/O. VIJAYAN NAIR,
VADAPALLIL HOUSE, DESOM P O, ALUVA, ERNAKULAM DISTRICT,
PIN-683 102.
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
28.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
OP (FC) NO. 657 OF 2019
J U D G M E N T
A.Muhamed Mustaque, J
The original petition was filed seeking the following reliefs:
“I) Pass an order directing the Family court, Ernakulam to keep the warrant of arrest issued against the 1st petitioner in abeyance till a reasonable opportunity to file objection in E.P No.24/2019 in O.P No.1818/2009 and being heard is given to the petitioners. II) Issue any other direction or order as this Honourable may deem fit and proper in the facts and circumstances of this case.”
The service could not be completed on the respondent as the whereabouts of the respondent are not known. The learned counsel for the petitioners submits that the respondent was well aware of the fact that the 1st petitioner is a mental patient and the 2nd petitioner is no more. It is submitted that the petition may be closed with liberty to challenge any coercive steps in future. With liberty as above, this original petition is closed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
DR. KAUSER EDAPPAGATH, JUDGE
PR
OP (FC) NO. 657 OF 2019
3
APPENDIX OF OP (FC) 657/2019
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE JUDGMENT PASSED BY THE
FAMILY COURT, ERNAKULAM IN OP NO.1818/2009
DATED 28.07.2011.
EXHIBIT P2TRUE COPY OF THE JUDGMENT PASSED BY THE
FAMILY COURT, ERNAKULAM IN OP NO.144/2011
DATED 28.07.2011.
EXHIBIT P3TRUE COPY OF THE ORDER PASSED BY THE FAMILY
COURT, ERNAKULAM IN MC NO.142/2008 DATED
27.09.2010.
EXHIBIT P4TRUE COPY OF THE SETTLEMENT DEED DATED
06.11.2010.
EXHIBIT P5TRUE COPY OF THE AFFIDAVIT AND PETITION DATED
11.09.2014.
EXHIBIT P6TRUE COPY OF THE NOTICE DATED 06.11.2019.
EXHIBIT P7TRUE COPY OF THE MEDICAL RECORDS OF THE 1ST
PETITIONER DATED 10.06.2015.
1 issue framed by the court
Whether to keep a warrant of arrest against the 1st petitioner in abeyance pending hearing of an objection in a family court order.
NANDAKUMAR
LEELA
DEEPTHI V.
A.MUHAMED MUSTAQUE
DR. KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court