IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
DAYANA.B – Appellant
Versus
RINEESH SOMERVEL – Respondent
| Table of Content |
|---|
| 1. proceedings initiated for interim maintenance and dismissal. (Para 2 , 3) |
| 2. court's review of family court's dismissal and related legal principles. (Para 4 , 5) |
JUDGMENT
The above Original Petition (Crl.) is filed seeking the following reliefs:
“(i) To set aside Exhibit P3 order dated
11.3.2024 (mistakenly typed as judgement) in MC
117/2023 of Family Court, Neyyattinkara.
(ii) To direct the Family Court, Neyyattinkara to reconsider Exhibit P1 petition in CMP 5/2023 in MC
117/2023 on its files, expeditiously (iii) To dispense with the filing of English translation of vernacular documents produced along with the Original Petition (Crl).
(iv) Grant such other reliefs which this Honourable court may deem fit and proper in the interest of justice.”[SIC]
2. Petitioners are the wife and minor children of the respondent. The Family Court directed the respondent to pay interim maintenance to the petitioners. When there was no payment of interim maintenance, the petitioners filed C.M.P No.5/2023 to take action by striking off the defence of the respondent. The same was dismissed as per Ext.P3. Aggrieved by the same, this Original Petition (Crl.) is filed.
3. Heard the learned coun
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