Sachin Narayan Pillai @ Sachin Varghese v. Annu Susan George
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 OP (FC).No. 234 of 2015 (R) ---------------------------- PETITIONER:
------------------ SACHIN NARAYANA PILLAI AGED 39 YEARS, S/O.LATE NARAYAN PILLAI, DUKES 13 C SKYLINE IMPERIAL GARDENS, JAWAHARLAL NEHRU INTERNATIONAL STADIUM ROAD PALARIVATTOM, KOCHI 682 025 OFFICE ADDRESS AT: RIGHT SERVE SOLUTIONS TRIVENT COURT, K.P.VALLON ROAD, KADAVANTHARA KOCHI 682 020.
BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT:
--------------------- ANNU SUSAN GEORGE AGED 32 YEARS, D/O.DR.GEORGE VARGHESE, NADUVILADATH HOUSE MUTTAMBALAM P.O., KANJIKUZHI, KOTTAYAM 686 004. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 16-072015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No. 234 of 2015 (R) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:
TRUE COPY OF THE APPLICATION DATED 20/9/14 IN OP 1775/14 ON THE FILE OF FAMILY COURT ERNAKULAM.
P2:
TRUE COPY OF THE APPLICATION NO.3822/14 IN OP 1775/14 ON THE FILE OF FAMILY COURT ERNAKULAM DATED 31/3/15 SUBMITTED BY THE PETITIONER.
P3:
TRUE COPY OF THE APPLICATION NO.685/15 IN OP 1775/14 ON THE FILE OF FAMILY COURT ERNAKULAM DATED 31/3/15 SUBMITTED BY THE PETITIONER.
P4:
TRUE COPY OF THE MEDICAL REPORT ISSUED BY DR.S.D.SINGH OF THE KIMS HOSPITAL, COCHIN DATED 12/1/2015.
P5:
TRUE COPY OF THE PSYCHIATRIC REPORT SUBMITTED BY DR.C.J.JOHN DATED 9/4/2015.
P6:
TRUE COPY OF THE ORDER DATED 12/5/2015 IN IA NO.665/2015 IN OP NO.1775/2014 ON THE FILE OF FAMILY COURT, ERNAKULAM. P7:
TRUE COPY OF THE ORDER DATED 20/9/2014 IN IA NO.3519/2014 IN OP NO.1775/2014 ON THE FILE OF FAMILY COURT, ERNAKULAM. P8:
TRUE PHOTOGRAPHS OF THE PETITIONER AND HER CHILDREN RESPONDENTS' EXHIBITS NIL True copy P.A. To Judge
C.K. ABDUL REHIM, J.
& K. RAMAKRISHNAN, J.
------------------------------------------------- O.P (FC) No. 234 OF 2015 ------------------------------------------------- DATED THIS THE 16th DAY OF JULY, 2015
J U D G M E N T
C.K. Abdul Rehim, J:
When the above writ petition came up for admission on 03-06-2015 this court ordered notice on admission to the respondent. The respondent entered appearance through counsel on 10-06-2015 and submitted that subsequent to the impugned order passed by the family court, a clarificatory order was issued by the family court itself, and in view of the said clarification challenge against the order impugned in the writ petition may not survive for consideration. But, on the basis of request made by learned counsel appearing for the petitioner, this court referred the case for mediation. Report submitted by the Mediator to this court on 27-06-2015 would indicate that the matter was not settled in mediation.
O.P (FC) No.234/2015 -22.
Under the above mentioned circumstances this writ petition is hereby dismissed, since the challenge against Ext.P6 order does not survive for consideration in view of the subsequent clarification issued by the family court. It is made clear that the parties will be at liberty to challenge the subsequent order, if any passed, to the extent they are aggrieved by the said order.
3.
The writ petition is dismissed, subject to liberty as mentioned above.
Sd/- C.K. ABDUL REHIM, JUDGE.
Sd/- K. RAMAKRISHNAN, JUDGE.
True copy P.A. to Judge