Abraham Chacko v. Anitha P John

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 17TH DAY OF SEPTEMBER 2015/26TH BHADRA, 1937 OP(Crl.).No. 244 of 2015 (Q) ----------------------------- CRL.MP. NO.59/2014 IN MC. NO.117/2013 OF FAMILY COURT, THIRUVALLA. ......

PETITIONER/PETITIONER/RESPONDENT :

------------------------------------------------------------- ABRAHAM CHACKO, AGED ABOUT 50 YEARS, S/O. LATE C.T.ABRAHAM, CHERUKATTU HOUSE, KANJEETUKARA P.O., AYIROOR SOUTH, AYIROOR VILLAGE, RANNY TALUK, PATHANAMTHITTA DISTRICT, KERALA STATE, REPRESENTED BY POWER OF ATTORNEY HOLDER (BROTHER) MR.THOMAS ABRAHAM, ABED ABOUT 59 YEARS, S/O. LATE C.T.ABRAHAM, CHERUKATTU HOUSE, KANJEETUKARA P.O., AYIROOR SOUTH, AYIROOR VILLAGE, RANNY TALUK, PATHANAMTHITTA DISTRICT, KERALA STATE. BY ADVS.SRI.S.NIKHIL SANKAR, SRI.ANZIL ZACHARIAH, SRI.ROHIT C.OOMMEN, SRI.TONY THOMAS (INCHIPARAMBIL), RESPONDENT/RESPONDENT/PETITIONER:

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1. ANITHA P.JOHN, AGED 43 YEARS, W/O. ABRAHAM CHACKO, PULLAMVILLALIL, MUNDANKAVU MURIYIL, CHENGANNUR P.O., CHENGANNUR VILLAGE, PATHANAMTHITTA DISTRICT-689 121.

2. SONY C.ABRAHAM (MINOR), S/O. ABRAHAM CHACKO, REPRESENTED BY HIS LEGAL GUARDIAN (MOTHER), ANITHA P.JOHN, AGED 43 YEARS, W/O. ABRAHAM CHACKO, PULLAMVILLALIL, MUNDAN KAVU MURIYIL, CHENGANNUR P.O., CHENGANNUR VILLAGE, PATHANAMTHITTA DISTRICT-689 121. BY ADV. SRI.VINOD VALLIKAPPAN.

THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 17-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs.

OP(Crl.).No. 244 of 2015 (Q) APPENDIX PETITIONER'S EXHIBITS:- P1 :

COPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER DTD.03.03.2014.

P2 :

COPY OF THE ORDER OF THE HON'BLE FAMILY COURT, THIRUVALLA IN MC NO.117/2013 DTD.10.02.2014.

P3 :

COPY OF THE CRL.MP NO.59/2014 SEEKING TO SET ASIDE THE ORDER OF THE HON'BLE FAMILY COURT, THIRUVALLA IN MC NO.117/2013 DTD.26.03.2014.

P4 :

COPY OF THE AIR TICKET DTD.16.04.2015 EVIDENCING THE FLIGHT TRANSIT OF PETITIONER FROM YANBU, SAUDI ARABIA TO THIRUVANANTHAPURAM. P5 :

COPY OF THE AIR TICKET DTD.01.05.2015 EVIDENCING THE FLIGHT TRANSIT OF PETITIONER FROM THIRUVANANTHAPURAM TO JEDDAH, SAUDI ARABIA. P6 :

COPY OF THE CRL.MP NO.120/15 IN MC NO.117/2013 DTD. 14.07.2015 OF THE HON'BLE FAMILY COURT, THIRUVALLA.

P7 :

COPY OF THE AIR TICKET DTD. 29.06.2015 EVIDENCING THE JOURNEY OF THE PETITIONER SCHEDULED ON 15.08.2015 FROM YANBU, SAUDI ARABIA TO THIRUVANANTHAPURAM.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` O.P.(Crl.) No.244 of 2015 ````````````````````````````````````````````````````````````` Dated this the 17th day of September, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ Heard learned counsel for the petitioner and learned counsel for the 1st respondent.

2.

The court below is directed to issue the certified copy of order dated 15.07.2015 in Crl.M.P. No.59/2014 in MC No.117/2013 to the petitioner, as expeditiously as possible, at any rate, within a period of one week from the date of receipt of a copy of this judgment.

O.P.(Crl.) is disposed of as above.

Sd/- (B.KEMAL PASHA, JUDGE) aks/17/09 // True Copy // PA to Judge