Kerala High Court
Sreenath A.S vs Anju Dharmajan on 25 April, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946
OP (FC) NO. 277 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 02.04.2024 IN OPGW
NO.3758 OF 2022 OF FAMILY COURT,ERNAKULAM
PETITIONER/PETITIONER/RESPONDENT:
SREENATH A.S.
AGED 37 YEARS
SUBHADRA BHAVAN, MURIAMANGALAM, MAMALA,
ERNAKULAM, PIN - 682305
BY ADV ABHILASH S.FRANCIS
RESPONDENT/RESPONDENT/PETITIONER:
ANJU DHARMAJAN
AGED 28 YEARS
KAITHAVANAYIL, PULICKAMALY, ERNAKULAM,
PIN - 682314
THIS OP (FAMILY COURT) HAVING COME UP FOR
ADMISSION ON 25.04.2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
O.P.(FC) No.277 of 2024
2
V.G.ARUN
&
M.B.SNEHALATHA, JJ.
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O.P.(FC) No.277 of 2024
=========================
Dated this the 25th day of April, 2024
JUDGMENT
V.G.Arun, J.
The learned counsel for the petitioner submitted that the children are refusing to go along with the respondent. We are of the definite opinion that, even if such a situation exists, that cannot lead to the filing of an original petition of this nature, especially when the order under challenge is one passed on agreement. The remedy, if any, of the petitioner is to approach the Family Court itself.
The original petition is accordingly dismissed, without prejudice to the petitioner's right to approach the Family Court. Sd/-
V.G.ARUN, JUDGE Sd/-
M.B.SNEHALATHA, JUDGE SMF O.P.(FC) No.277 of 2024 3 APPENDIX OF OP (FC) 277/2024 PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE ORDER IN O.P.NO.3758/202 OF THE HON'BLE FAMILY COURT, ERNAKULAM DATED 31.03.2023 EXHIBIT-P2 TRUE COPY OF THE PETITION (I.A.NO.3/2024 IN O.P. 3758/2022) FILED BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM DATED 15.02.2024 EXHIBIT-P3 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN I.A.NO.3/2024 DATED 31.03.2024 EXHIBIT -P4 TRUE COPY OF THE I.A.NO.6/2024 IN O.P.NO.3758/2022 DATED 01.04.2024 EXHIBIT-P5 CERTIFIED COPY OF THE ORDER IN I.A.NO.3/2024 IN O.P.NO.3758/2022 DATED 02.04.2024