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T.S.SIVAGNANAM
Muthian Sivathanu PHD (USA) – Appellant
Versus
Secretary to Government School Education Department – Respondent
What is the maintainability of a writ petition seeking to nullify a court decree in a family dispute? What are the grounds for dismissing a writ petition when previous legal remedies have been exhausted and dismissed? How is the abuse of process of law and court determined in the context of family disputes and child custody?
Key Points: - The court emphasized that the custody of the child with the 4th respondent was pursuant to a court decree (!) . - The petitioner's attempt to nullify the decree through the writ petition was considered an abuse of process of law and court (!) . - The writ petition was dismissed because the petitioner had previously filed a contempt petition and a Habeas Corpus Petition, both of which were dismissed [21001153590007][21001153590010]. - The court found that the custody of the child with the 4th respondent was not illegal, but pursuant to a court decree that had not been annulled, set aside, or modified [21001153590013]. - The court noted that the Family Court's order in I.A.No.1543 of 2014 was passed without assigning reasons, solely because the respondent was ex parte [21001153590013] (!) . - The court held that the petitioner's attempt to vindicate grievances against his wife by dragging the minor child into the legal battle was regrettable [21001153590019]. - The writ petition was dismissed as the petitioner had not made out any case for issuing a writ of mandamus [21001153590020]. - No costs were imposed on the petitioner due to the family dispute [21001153590021] (!) . - The petitioner sought a writ of mandamus to cancel the admission of his child in a new school and enable her to continue education in the previous school [21001153590001]. - The 4th respondent had obtained guardianship and custody of the child through a court order [21001153590004].
T.S. Sivagnanam, J.
1. The petitioner, Dr. Muthian Sivathanu, who claims to hold Ph.D. degree from the United States of America, has filed this writ petition for issuing a writ of mandamus to direct the respondents 1 to 3 to take action on the final notice dated 10.1.2015 and cancel the illegal admission given by the 3rd respondent school to M.Subhalakshmi, in III Standard, in conspiracy with the 4th respondent, who happens to be the wife of the petitioner, to enable the continuance of the child's education in the previous school viz. St. Johns Matriculation Higher Secondary School, Baba Nagar, Chennai 49.
2. I have elaborately heard the learned counsel for the petitioner and carefully perused the materials placed on record.
3. The 1st issue to be considered is whether the relief sought for by the petitioner is maintainable before this Court and such direction as sought for could be granted.
4. Admittedly, there is a matrimonial dispute between the petitioner and the 4th respondent-wife and the proceedings are pending before the Family Court. Though the learned counsel for the petitioner made elaborate reference to the dates and events of the proceedings in the Family Court an
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