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2026 Supreme(Online)(Ker) 12950

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
JYOTHISH NAIR – Appellant
Versus
SAMASYA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.BIJU ABRAHAM

Devan Ramachandran , J.

Hearing the learned counsel for the petitioner – Sri.Biju Abraham, we called for a report from the learned Family Court; which says that no order pursuant to Ext.P7 has been issued, either on 06.12.2025 or thereafter. We must record that this was the specific submission of Sri.Biju Abraham at the Bar; but we, on account of the factum of such not being normally possible, refused to believe him; but it now has come out that he was right.

2. The order impugned before this Court is Ext.P7.

3. As per Ext.P7, the learned Family Court had offered the petitioner time till 06.12.2025 to clear the arrears of maintenance; and in the event of failure, notified him that his defence will be struck off.

4. This is why we were under the impression that there would have been an order on 06.12.2025 or even thereafter; but since the learned Family Court says otherwise, the stand taken by the petitioner is accurate.

5. It is ineluctable in such circumstances that, any action before this Court would be necessary only if the learned Family Court decides the matter pursuant to Ext.P7, leading to a final order.

6. Going by the report of the learned Family Court, the defence of the petit

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