REMYA CHANDRAN.P.C v. SUNEESH SUKUMARAN
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN,HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-07-24. REMYA CHANDRAN.P.C v. SUNEESH SUKUMARAN. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M. B. SNEHALATHA TH WEDNESDAY, THE 24 DAY OF JULY 2024 / 2ND SRAVANA, 1946 OP (FC) NO. 511 OF 2023 AGAINST THE JUDGMENT IN OPHMA NO. 284 OF 2023 OF FAMILY COURT, THODUPUZHA PETITIONER/RESPONDENT: REMYA CHANDRAN. P. C AGED 34 YEARS D/O. CHANDRAN. PK, PANAMKUTTITHARA, KUREEKKAD. PO, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682305 BY ADVS. LEKSHMI S. SEKHER S. SUNIL KUMAR (PALAKKAD) FEMY M. ANTONY K. J. SUNIL RESPONDENT/PETITIONER: SUNEESH SUKUMARAN AGED 39 YEARS S/O. SUKUMARAN, KIZHAKKENAKATHU HOUSE, VAZHITHALA KARA, PURAPUZHA VILLAGE, THODUPUZHA TALUK, THODUPUZHA, PIN - 685583 BY ADVS. K. MOHAMMED FAISAL NAHA P. JAYAKUMAR(K/395/2000) P. A. PETER(K/001052/2013) THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEAARD ON 24. 07.
2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner alleges that, on account of Rule 4A(2), read with Rule 4A(5) of the Family Courts (Kerala) Rules, 1989, he is being denied a copy of the Original Petition filed by the respondent, though the parties are now attempting mediation. 2. Sri. S. Sunil Kumar – learned Counsel for the petitioner thus prayed that the afore Rules be declared illegal; and the respondent be directed to serve his client a copy of the Original Petition, namely OP(HM)No. 284/2023, within a time frame to be fixed by this Court. 3. Sri. K. Mohammed Faizal Naha – learned counsel for the respondent, however, submitted that this writ petition is unnecessary because, his client has already given a copy of the Original Petition to the petitioner and that he is willing to offer one more, if it is so necessary.
He added that the matter has, in fact, been transferred from the learned Family Court, Thodupuzha, to the learned Family Court, Ernakulam, and that the parties are now mediating and talking settlement. 4. Taking note of the afore and since it is unnecessary for this Court to enter into the controversy at this stage, including on the question of validity of the Rules – which in any event, this Bench may not be able to consider on its merits – we deem it appropriate to order this Original Petition, recording the afore submissions of Sri. K. Mohammed Faizal Naha. Resultantly, this Original Petition is ordered, recording that the respondent will serve a copy of the O. P. No. 284/2023 - earlier pending before the learned Family Court and which is renumbered as O. P. No. 2431/2023, now pending before the learned Family Court, Ernakulam - within a period of one week from the date of receipt of a copy of this judgment. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M. B.
SNEHALATHA JUDGE SAS APPENDIX OF OP (FC) 511/2023 PETITIONER’S EXHIBITS: Exhibit P1 TRUE COPY OF THE SUMMONS ISSUED TO PETITIONER IN OP(HM) NO-284/2023 OF HONBLE FAMILY COURT THODUPUZHA Exhibit P2 TRUE COPY OF THE OUT PATIENT RECEIPT ISSUED FROM THE TALUK HEADQUARTERS HOSPITAL THRIPUNITHURA DATED 20. 06. 2023 Exhibit P2(a) TRUE COPY OF THE LAB REPORTS ISSUED FROM THE LAB INDIA DIAGNOSTIC CENTRE, THRIPUNITHURA DATED 26. 07. 2023 Exhibit P3 TRUE COPY OF THE COPY APPLICATION FILED BY THE PETITIONER IN OP(HM) NO-284/2023 OF HONBLE FAMILY COURT THODUPUZHA DATED 02. 08. 2023 Exhibit P3(a) TRUE COPY OF THE URGENT APPLICATION FILED BY THE PETITIONER IN OP(HM) NO-284/2023 OF HONBLE FAMILY COURT THODUPUZHA DATED 02. 08. 2023 Exhibit P4 TRUE COPY OF THE RECEIPT FOR COPY APPLICATION NO-527/2023 IN OP(HM) NO-284/2023 OF HONBLE FAMILY COURT THODUPUZHA DATED 05. 08. 2023
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.