Case Summary
Binu E B filed a suit against Treesa Mary T M for realization of money following custody disputes over their child. The defendant allegedly violated court orders concerning the child's custody.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.1,62,650/- along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a clear case of willful violation of court orders concerning child custody.
The plaintiff established a clear case of willful violation of court orders concerning child custody.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.1,62,650/- (Rupees One lakh sixty two thousand six hundred and fifty only) along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Plaintiffs
Binu E B (40 years years)
Erandathara House, Near Power House Road, Aluva - 1
Defendants
Treesa Mary T M (Age not specified years)
Kanneleathu Thaivelikkakam, House No. N-28, Grand Tech Green City, Aruvipuram, Peyad, Trivandrum Pin Code : 695 573
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Total damages of Rs.1,62,650/- were claimed by the plaintiff for willful violation of court orders.
Evidence:
the plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,62,650/-
Relief Type:
Damages
Outcome:
Granted
Description:
Interest on the damages awarded to be paid from the date of the suit until realization.
Evidence:
interest 12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment
Relief Type:
Other
Outcome:
Granted
Description:
Defendant shall be personally liable to satisfy the decree debt.
Evidence:
Defendant shall be personally and her assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Judgment with Compromise Petition
Submitted By:
Plaintiff
Relevance:
This document shows the previous judgment regarding custody of the child.
Reference:
Ext.A1
Document Type:
Mediation Agreement
Submitted By:
Plaintiff
Relevance:
This document details the mediation agreement between the parties to resolve matrimonial disputes.
Reference:
Ext.A2
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
This is the judgment from the Family Court regarding custody issues.
Reference:
Ext.A3
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
This document is evidence of communication attempts by the plaintiff to the defendant.
Reference:
Ext.A4
Document Type:
Certified Copy of IA
Submitted By:
Plaintiff
Relevance:
This document is part of the execution process to enforce custody orders.
Reference:
Ext.A5
Document Type:
Certified Copy of IA
Submitted By:
Plaintiff
Relevance:
This document is part of the execution process to enforce custody orders.
Reference:
Ext.A6
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
This document shows the order related to the execution application.
Reference:
Ext.A7
Document Type:
Certified Copy of IA
Submitted By:
Plaintiff
Relevance:
This IA sought police assistance for custody recovery.
Reference:
Ext.A8
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
This document is the order granting police assistance for custody recovery.
Reference:
Ext.A9
Document Type:
Verified Copy of Application
Submitted By:
Plaintiff
Relevance:
This document is an application filed by the defendant seeking admission for the child.
Reference:
Ext.A10
Document Type:
Verified Copy of Admission Register
Submitted By:
Plaintiff
Relevance:
This document relates to the child's admission records.
Reference:
Ext.A11
Document Type:
Verified Copies of Attendance Register
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the child's attendance during specific months.
Reference:
Ext.A12
Document Type:
Verified Copy of Application for Transfer Certificate
Submitted By:
Plaintiff
Relevance:
This document shows the application submitted by the defendant for the child's transfer certificate.
Reference:
Ext.A13
Document Type:
Verified Copy of Transfer Certificate
Submitted By:
Plaintiff
Relevance:
This document relates to the child's transfer certificate.
Reference:
Ext.A14
Document Type:
Fees Receipt
Submitted By:
Plaintiff
Relevance:
This document evidences payment made by the plaintiff for legal fees.
Reference:
Ext.A15
Document Type:
True Copy of Electronic Payment Receipt
Submitted By:
Plaintiff
Relevance:
This receipt shows payment for the child's school fees.
Reference:
Ext.A16
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document evidences the legal notice sent to the defendant.
Reference:
Ext.A17
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document is the reply from the defendant to the lawyer's notice.
Reference:
Ext.A18