Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN MONDAY, THE 4TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944 WP(C) NO. 938 OF 2022 PETITIONER/S: 1 RADHAMANI AGED 72 YEARS W/O. DAMODHARAN NAMBIAR, ERINHITHAMALA HOUSE, MANADUKKAM P.O, PANATHADY VILLAGE, KASARAGOD - 671532. 2 E.M. ANEESHNATH AGED 51 YEARS S/O. DAMODHARAN NAMBIAR, PRINCIPAL, BIRLA, PAUL EDUCATION CENTRE, NEAR SAI MANDHIR, SHIRAKONE, PUNE, MAHARASHTRA - 410506. BY ADVS. K.JAYESH MOHANKUMAR PUSHPARAJAN KODOTH VANDANA MENON VIMAL VIJAY RESPONDENT/S: 1 MAINTENANCE TRIBUNAL KANHANGAD, REPRESENTED BY ITS PRESIDING OFFICER, KANHANGAD, KASARAGOD DISTRICT - 671315. 2 E. DAMODHARAN NAMBIAR. S/O. LATE KUNHAMBU NAIR, ERINHITHAMALA HOUSE, MALAKKALLU P.O, PANATHADY VILLAGE, KASARAGOD - 671532. BY ADV SHIBA M SAMUEL SR.GP:SMT.RESMI K.M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 938 OF 2022 2
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = = W.P.(C) No.938 OF 2022 = = = = = = = = = = = = = = = = = = Dated this the 4th day of April, 2022
J U D G M E N T
The petitioners challenge Ext.P4 order which has been passed by the Maintenance Tribunal at the instance of the 2nd respondent, without hearing the petitioners.
2. Heard the learned counsel on either sides.
3. A perusal of Ext.P4 order would indicate
that in spite of granting various adjournments, the respondents, who are the petitioners in this Writ Petition, failed to appear in the proceedings, which culminated in the said Ext.P4 order. However, the learned counsel appearing for the petitioners would submit that the petitioners were never served notice in the proceedings. Though repeated postings were granted, the petitioners were not aware of the same. WP(C) NO. 938 OF 2022 3
4. I do not think it necessary to go into the
said disputed question. I am of the opinion that it would be sufficient that fresh orders are passed after affording an opportunity of hearing to both sides. In the mean time, the petitioners shall pay an amount of Rs.5,000/- (Rupees Five Thousand only) to the 2nd respondent. Accordingly, the Writ Petition is disposed of with the following directions:- a) The parties shall appear before the Maintenance Tribunal at 11 am on 20.04.2022. b) On the appearance of the parties as above, the petitioners shall pay an amount of Rs.5,000/- (Rupees Five Thousand only) to the 2nd respondent. c) On such payment being made, the Maintenance Tribunal shall pass fresh orders in the proceedings in accordance with law, after affording an opportunity of hearing to either sides. Let the final orders be passed in the proceedings within a period of two months WP(C) NO. 938 OF 2022 4 thereafter. d) If the amount as ordered in clause (b) is not paid, the writ petition will stand dismissed. Sd/- SATHISH NINAN JUDGE sd WP(C) NO. 938 OF 2022 5 APPENDIX OF WP(C) 938/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF M.C NO. 64/2021 DATED 24.08.2021 FILED UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT. Exhibit P2 TRUE COPY OF C.M.P NO. 3034/2021 IN MC NO. 64/2021 FILED BEFORE THE JUDICIAL MAGISTRATE OF FIRST CLASS -I, HOSDURG DATED 24.08.2021. Exhibit P3 TRUE COPY OF THE ORDER IN C.M.P NO. BY THE JUDICIAL FIRST CLASS MAGISTRATE - I, HOSDURG DATED 25.08.2021. Exhibit P4 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 23.12.2021. RESPONDENT EXHIBITS EXHIBIT R2 (a) TRUE COPY OF THE AGREEMENT EXECUTED BYU HAREESH K.V. IN FAVOUR OF THE 2ND RESPONDENT EXHIBIT R2(b) TRUE COPY OF THE REGISTERED JANMAM DEED NO.362/2020 OF CHATTANCHAL