K.Sudha vs A.V.Rajesh
2021 Latest Caselaw 6094 Ker

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OP (FC).No.518 OF 2019


                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

              THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                         &

                         THE HONOURABLE MR.JUSTICE C.S.DIAS

       FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

                               OP (FC).No.518 OF 2019

  AGAINST THE ORDER/JUDGMENT IN IA 5240/18 IN OP 1969/2018 DATED
               07-06-2019 OF FAMILY COURT,THRISSUR


PETITIONER/S:

         1         K.SUDHA
                   AGED 37 YEARS
                   W/O. A.V.RAJESH, DOOR NO.IX/185A, AYYAZHI HOUSE,
                   THAZHE PRADESHAM, VETTIKKATTIRI P.O., NEDUMBARA
                   VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT-679
                   531.

         2         KANAKALATHA
                   AGED 57 YEARS
                   W/O. VENUGOPALAN NAIR, KEERTHI HOUSE, ORALASSERY
                   DESOM, KANIYARKKODE PO, THIRUVILWAMALA VIA,
                   TALAPPILLY TALUK, THRISSUR-680 594.

         3         AMBUJAKSHY AMMA
                   AGED 83 YEARS
                   KOLAKKATTIL, W/O. GOVINDANKUTTY NAIR, KEERTHI
                   HOUSE, ORALASSERY DESOM, KANIYARKKODE PO,
                   THIRUVILWAMALA VIA, TALPILLY TALUK, THRISSUR-680
                   594.

                   BY ADV. SRI.M.M.ABDUL RAHIMAN
RESPONDENT/S:

                   A.V.RAJESH
                   AGED 46 YEARS
                   S/O. LATE VISWANATHAN, AYYAZHI HOUSE, THAZHE
                   PRADESHAM, VETTIKKATTIRI PO, NEDUMBRA VILLAGE,
                   TALAPPILLY TALUK, THRISSUR DISTRICT-679 531.


     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD                 ON
19.2.2021, THE COURT ON 19-02-2021 DELIVERED THE FOLLOWING:
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OP (FC).No.518 OF 2019




               A.MUHAMED MUSTAQUE & C.S.DIAS, JJ.
                   ======================
                        OP(FC) No.518 of 2019
                   ======================
               Dated this the 19th day of February, 2021.

                                  JUDGMENT

A.MUHAMED MUSTAQUE , J.

This original petition is of the year 2019. It was

filed challenging the order in IA No.5240/2018 in OP

No.1969/2018 on the files of the Family Court,

Thrissur.

2. The above Interlocutory Application was

filed by the respondent herein seeking interim

injunction to restrain the petitioners herein from

entering into the plaint schedule property.

3. The Family Court granted interim

injunction as against the petitioners 2 and 3. The

Family Court, taking note of the fact that the first

petitioner, being the wife of the respondent herein,

cannot be restrained by such a relief. We do not

find any illegality in such an order inasmuch as that

OP (FC).No.518 OF 2019

the petitioners 2 and 3 cannot claim any such right

in the matrimonial home. Accordingly, declining the

jurisdiction, we dismiss the original petition.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

                                             C.S.DIAS

         SKS/19.2.2021                         JUDGE

OP (FC).No.518 OF 2019




                               APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 19.5.2018 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE, WADAKKANCHERRY IN CMP NO.3024/2018 IN M.C.NO.30/2018.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 7.6.2019 PASSED BY THE HON'BLE FAMILY COURT, THRISSUR.