Similkumar vs Sneha Sankaranarayanan

Type Court Judgment Court Kerala Decided Apr 27, 2021

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Citation: sooperkanoon.com/1634873
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon,Honourable Mr.Justice Murali Purushothaman
Decided On: Apr 27, 2021
Case Number: OP (FC)/293/2021

Parties & Advocates

Appellant / Petitioner

Similkumar

Respondent

Sneha Sankaranarayanan

Excerpt

.....w/o.similkumar, puthanpurakkal house, thrikkangode amsom, desom, ottapalam taluk, palakkad district - 679 521. this op (family court) having come up for admission on 27.04.2021, the court on the same day delivered the following: op (fc).no.293 of 2021 2judgmentashok menon, j.this original petition is filed challenging ext.p5 order allowing i.a.no.6 of 2021 in o.p. nos.694 of 2017 and 695 of 2017 on the files of the family court, ottappalam setting aside the ex-parte order earlier passed by the court under order ix rule 7 cpc with the condition that the ex-parteorder against the respondent dated 22.03.2021 shall be set aside on depositof rs.23,015/- within fifteen days. the applicant has challenged that orderstating that it is unreasonable. on going through the impugned order, the learned judge has made it clear that the respondent herein and her child came from mumbai to attend the court by spending the amount ofrs.23,015/- as flight charges. under the said circumstances, the orderappears to be very reasonable and there is no reason for any interference with the impugned order. the original petition is, therefore, disposed. the applicant is directed to pay the amount of rs.23,015/- within a period of two weeks. ashok menon murali purushothaman op (fc).no.293 of 2021 3 appendix petitioner's/s exhibits: exhibit p1 true copy of the affidavit filed by the counsel for the petitioner dated exhibit p2 true copy of the objection filed by the respondent dated 08/03/2021. exhibit p3 true copy of the i.a.no.6/2021 dated exhibit p4 true copy of the objection filed by the respondent dated 24/03/2021. exhibit p5 true copy of the order dated 12/04/2021 in i.a.no.6/2021 in o.p.no.694/2021 and o.p.no.695/2021.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON & THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 27TH DAY OF APRIL 2021 / 7TH VAISAKHA, 1943 OP (FC).No.293 OF 2021 AGAINST THE ORDER/JUDGMENT IN OP 694/2017 DATED 12-04-2021 OF FAMILY COURT, OTTAPPALAM
PETITIONER/PETITIONER/RESPONDENT: SIMILKUMAR,AGED 41 YEARS S/O.RANGANATHAN, SIMIL NIVAS, OPP.THARANGINI LIBRARY AND READING ROOM, OORUPOIKA, ATTINGAL, THIRUVANANTHAPURAM - 695 101. BY ADV. SRI.V.A.VINOD RESPONDENT/RESPONDENT/PETITIONER: SNEHA SANKARANARAYANAN AGED 29 YEARS W/O.SIMILKUMAR, PUTHANPURAKKAL HOUSE, THRIKKANGODE AMSOM, DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT - 679 521. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 27.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (FC).No.293 OF 2021 2

JUDGMENT

Ashok Menon, J.

This Original Petition is filed challenging Ext.P5 order allowing I.A.No.6 of 2021 in O.P. Nos.694 of 2017 and 695 of 2017 on the files of the Family Court, Ottappalam setting aside the ex-parte order earlier passed by the Court under Order IX Rule 7 CPC with the condition that the ex-parte

order against the respondent dated 22.03.2021 shall be set aside on deposit

of Rs.23,015/- within fifteen days. The applicant has challenged that order

stating that it is unreasonable. On going through the impugned order, the learned Judge has made it clear that the respondent herein and her child came from Mumbai to attend the Court by spending the amount of

Rs.23,015/- as flight charges. Under the said circumstances, the order

appears to be very reasonable and there is no reason for any interference with the impugned order. The Original Petition is, therefore, disposed. The applicant is directed to pay the amount of Rs.23,015/- within a period of two weeks. ASHOK MENON MURALI PURUSHOTHAMAN OP (FC).No.293 OF 2021 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE AFFIDAVIT FILED BY THE COUNSEL FOR THE PETITIONER DATED EXHIBIT P2 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT DATED 08/03/2021. EXHIBIT P3 TRUE COPY OF THE I.A.NO.6/2021 DATED EXHIBIT P4 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT DATED 24/03/2021. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 12/04/2021 IN I.A.NO.6/2021 IN O.P.NO.694/2021 AND O.P.NO.695/2021.

Same Court & Year Kerala · 2021 Same Parties Similkumar vs Sneha Sankaranarayanan Same Judge Honourable Mr. Justice Ashok Menon,Honourable Mr.Justice Mura...