Kerala High Court
Karthiyayani vs Bindu on 3 November, 2020
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
Con.Case(C).No.1808 OF 2019
IN WA. 2085/2017 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 03RD DAY OF NOVEMBER 2020 / 12TH KARTHIKA, 1942
Con.Case(C).No.1808 OF 2019 IN WA. 2085/2017
AGAINST THE JUDGMENT IN WA 2085/2017 OF HIGH COURT OF KERALA
PETITIONER/S:
KARTHIYAYANI
AGED 88 YEARS
W/O.LATE AYYAPPAN, CHALILPUTHENPURA HOUSE,
VELLOORKUNNAM, MUVATTUPUZHA, ERNAKULAM DISTRICT,
PIN-686673.
BY ADVS.
SRI.SABU FRANCIS
SRI.SAJI MATHEW (KOOTHATTUKULAM)
SRI.JOHN V.VARGHESE
RESPONDENT/S:
BINDU
AGED 45 YEARS
D/O.KARTHIYAYANI, CHALILPUTHENPURA HOUSE,
VELLOORKUNNAM, MARKET P. O., MUVATTUPUZHA,
ERNAKULAM DISTRICT, PIN-686673.
R1 BY ADV. SRI.T.K.VIPINDAS
R1 BY ADV. SRI.K.V.SREE VINAYAKAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Con.Case(C).No.1808 OF 2019
IN WA. 2085/2017 -2-
JUDGMENT
Dated this the 3rd day of November 2020 S. Manikumar, C. J.
Instant petition is filed by the petitioner to initiate contempt proceedings against the respondent for willful breach of the undertaking given to this Court in judgment dated 27.06.2017 in W. A. No. 2085 of 2017.
2. Petitioner is the 4th respondent in W. A. No. 2085 of 2017 and the respondent is the appellant therein. The petitioner and the respondent are mother and daughter respectively. Petitioner is a senior citizen. Due to the abuse and torture of the respondent, petitioner filed a petition before the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, for evicting the respondent from the premises of the petitioner. The said petition was allowed, against which the respondent filed W. P. (C) No. 14740 of 2017 before this Court and the writ court granted three months time to the respondent to evict herself from the premises. Con.Case(C).No.1808 OF 2019 IN WA. 2085/2017 -3-
3. Challenging the said judgment, respondent filed W. A. No. 2085 of 2017, which was dismissed, recording the undertaking of the respondent that she will vacate the premises within three months from 27.06.2018. It is contented that the respondent has not vacated the premises despite the contempt notice and willfully breached the undertaking given before this Court.
4. On 30.10.2020, we passed the following order:
"On this day, when the matter came up for hearing, Mr.T.K.Vipindas, learned counsel for the respondent submitted that by 5.11.2020, respondent would vacate the premises and handover vacant possession to the contempt petitioner. Learned counsel for the respondent further submitted that an affidavit in support of the above contention now made before this court, will be filed by 2.11.2020."
5. As per our order dated 30.10.2020, respondent in the contempt petition has filed an affidavit dated 31.10.2020 stating that time till 05.11.2020 be granted for vacating from her mother's house. Affidavit of the respondent dated 31.10.2020 is reproduced:-
"2. It is submitted that my husband left me years before. I am having with my 2 children out of which one is a girl and both of them are studying in school. I have made earnest effort to Con.Case(C).No.1808 OF 2019 IN WA. 2085/2017 -4- obtain a house for rent. On account of Covid-19 pandemic and since I am single in marital status, it is difficult to obtain a house for rent. But I am ready to vacate from my mother's house on 05.11.2020. I am hereby expressing and tender my unconditional apology before this Honourable Court though I have not committed any wilful disobedience.
3. Therefore this Honourable Court may be pleased to accept this affidavit to the files and grant time till 05.11.2020 to vacate from my mothers house."
6. However, Mr. Sabu Francis, learned counsel for the contempt petitioner submitted that, as per the instructions of his client, yesterday, respondent has vacated the house.
Placing on record the affidavit and the submission of the learned counsel for the petitioner, contempt petition is closed.
Sd/-
S. MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P. CHALY JUDGE Eb ///TRUE COPY/// P. A. TO JUDGE Con.Case(C).No.1808 OF 2019 IN WA. 2085/2017 -5- APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE 1 CERTIFIED COPY OF THE JUDGMENT IN W.A.NO.2085/2017 DATED 27.6.2018.
ANNEXURE 2 TRUE COPY OF THE REGISTERED CONTEMPT NOTICE SENT TO THE RESPONDENT DATED 14.8.2019.
ANNEXURE 3 TRUE PHOTO COPY OF THE ACKNOWLEDGMENT CARD OF THE RESPONDENT DATED 16.8.2019.