Abin Balachandran v. Athulya Asok

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 OP (FC).No. 114 of 2014 (R) ---------------------------- IA.3581/2013 IN OP.NO.1895/2013 OF THE FAMILY COURT, ERNAKULAM PETITIONER(S)/RESPONDENT:

-------------------------- ABIN BALACHANDRAN AGED 32 YEARS S/O. BALACHANDRAN, BUSINESS MANAGER, P.O. BOX 115771 AL HABTOOR MOTORS BUILDING, SHEIK ZAYED ROAD, DUBAI UAE REPRESENTED BY POWER OF ATTORNEY SRI. BINCY MON P.V. AGED 32, S/O. VISWAMBARAN, PAZHANGAPARAMBIL HOUSE HAPPY NAGAR, KARIYATTUKARA DESOM, P.O. ELTHURUTH THRISSUR DISTRICT.

BY ADV. SMT.M.PRATHIBHA RESPONDENT(S)/PETITIONER:

-------------------------------------------------- ATHULYA ASOK, AGED 27 YEARS D/O. LATE SHRI.P.S. ASOK, 2G-9 SOUTH STAR APARTMENTS NEAR KSRTC BUS STAND KAMMATTIPADAM, ERNAKULAM-682035.

R1 BY ADV. SRI.NIREESH MATHEW THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 07-082015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (FC).No. 114 of 2014 (R) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1. TRUE COPY OF THE G.O.P. 1895/2013 OF FAMILY COURT, ERNAKULAM DATED 17-10-2013.

P2. TRUE COPY OF THE I.A. NO. 3581/13 IN G.O.P. 1895/13 OF FAMILY COURT, ERNAKULAM DATED 17-10-2013.

P3. TRUE COPY OF THE COUNTER IN I.A. NO. 3581/13 OF FAMILY COURT, ERNAKULAM DATED 6-2-2014.

P4. TRUE COPY OF THE ORDER DATED 11-2-2014 IN I.A. NO. 3581/13 FAMILY COURT, ERNAKULAM.

P5. TRUE COPY OF THE CERTIFICATE ISSUED BY AL-ZAHARA CHILDREN'S SKILL DEVELOPMENT CENTER DATED 1-2-2014.

P6. TRUE COPY OF THE MINORS PASSPORT DATED 26-7-2010. P7. TRUE COPY OF THE CERTIFICATE ISSUED BY REGISTRAR OF BIRTH AND DEATH OF THRISSUR CORPORATION.

P8. TRUE COPY MARRIAGE CERTIFIATE BY MARRIAGE OFFICER, PALAKKAD. P9. TRUE COPY OF O.P. NO. 1585/13 OF FAMILY COURT, THRISSUR DATED 1810-13. P10. TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM MKU AL KUWAIT HOSPITAL, SHARJAH DATED 26-9-2013.

P11. TRUE COPY OF PHOTOGRAPHS.

P12. TRUE COPY OF AIR TICKET DATED 27-9-2013. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY PS TO JUDGE

C.K.ABDUL REHIM & K.RAMAKRISHNAN, JJ.

----------------------------------------- OP(FC).No. 114 of 2014 ---------------------------------------- Dated this the 7th day of August, 2015

JUDGMENT

Abdul Rehim,J.

When the case was taken up for consideration on 9.6.2015, the counsel who was appearing for the petitioner submitted that he had already relinquished vakalath. Hence the Registry was directed to issue notice to the petitioner. Endorsement made from the registry would indicate that, notice was sent to the power of attorney holder, who is representing the petitioner in this proceedings. Despite the power of attorney holder receiving such notice, nobody enters appearance on behalf of the petitioner.

2. Under the above mentioned circumstance the above OP (FC) is dismissed for default.

C.K.ABDUL REHIM, JUDGE K.RAMAKRISHNAN, JUDGE Pmn/

OP(FC).373/2015