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2012 Supreme(Ker) 650

K.T.SANKARAN, M.L.JOSEPH FRANCIS
C. P. Reshma – Appellant
Versus
P. K. Jayan – Respondent


Advocates appeared:
For the Petitioner:E.N. Vishnu Namboodiri, N.N. Elayath, S.P. Suresh Kumar, Advocates.
For the Respondent: M.P. Sreekrishnan, (Amicus Curiae).

JUDGMENT :-

M.L. Joseph Francis, J.

1. This Original Petition (Family Court) is filed under Article 227 of the Constitution of India seeking the following reliefs :

(i) Direct the Family Court, Kannur to transfer the necessary records of M.C. No. 425/2005 and M.C. No. 458/2011 to Family Court, Kasaragod or any other Court at Kanhangad for realizing the amount standing due from the respondent towards the petitioner and her children.

(ii) Allow the petitioner for her behalf and on behalf of her two minor children to realize the amount now due and may become due in future by initiating necessary legal proceeding before the Family Court, Kasaragod or any other Court at Kanhangad.

2. The facts of the case are briefly as follows: The petitioner herein is the first petitioner in M.C. No. 425 of 2005 on the file of the Family Court, Kannur. The petitioners 2 and 3 in the M.C. are the children born in the wedlock between the petitioner and the respondent. Their marriage took place on 25-03-2002. It is alleged that after the marriage the respondent treated the petitioner with cruelty for a period of five years and thereafter, deserted her even without paying maintenance. Therefore, she was co










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