Kerala High Court
Poojashajilal vs Rahul on 22 February, 2021
OP (FC).No.772 OF 2019
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942
OP (FC).No.772 OF 2019
AGAINST O.P36/2018 OF FAMILY COURT, CHAVARA
PETITIONER:
POOJASHAJILAL,
AGED 22 YEARS
D/O.SINDHU, SREELAYAMVEEDU, MADATHILKARAZHMA
MURI, OACHIRA.P.O., KARUNAGAPPALLY.
BY ADV. SRI.M.R.SASITH
RESPONDENT:
RAHUL
S/O.RAJENDRAN, AMMATTOOR VADAKKATHIL,
MADATHILKARAZHMA, OACHIRA.P.O.,
KARUNAGAPPALLY.
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
22-02-2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (FC).No.772 OF 2019
2
JUDGMENT
Dated this the 22nd day of February 2021
C.S.Dias, J.
The petitioner in this original petition had filed
O.P (HMA) No.36/2018 (Ext.P1) before the Family
Court, Chavara, seeking to declare her marriage with
the respondent as null and void.
2. The facts in a nut-shell in this original
petition is that while the petitioner was cross-
examined as PW1, certain photographs and a video
CD were shown to her, purportedly taken at the time
of marriage. She deposed that the video was taken
without her permission and, therefore, she could not
admit its contents.
3. In the meantime, the petitioner approached
this Court and filed O.P (FC)No.118/2019. This Court
by Ext.P2 judgment dated 6.3.2019 directed the
Family Court to dispose of Ext.P1 within a time frame.
OP (FC).No.772 OF 2019
Thereafter, the respondent filed I.A No.1970/2019
(Ext.P3) to send the video CD to C-Dit,
Thiruvananthapuram, to prove its authenticity. The
petitioner filed Ext.P5 written objection to Ext.P3
application. The Family Court by Ext. P4 order
allowed the application and directed the CD to be
sent for expert opinion to C-Dit.
4. It is aggrieved by Ext.P4 order that this
Original Petition is filed.
5. This Original Petition was filed as early as
on 5.12.2019. This Court declined to stay further
proceedings in Ext.P1.
6. When this original petition came up for
consideration on 17.2.2021, this Court had called for
telephonic instructions from the Family Court, to
ascertain the present status of O.P. 36/2018. It has
been informed that Ext.P1 is posted for the report
from the C-Dit, Thiruvananthapuram and Ext.P1 is
posted to 24.2.2021. Taking note of the fact that, this
OP (FC).No.772 OF 2019
Court had declined to stay all further proceedings in
Ext.P1 and the Family Court had forwarded the
disputed video CD to the C-Dit, pursuant to Ext.P4,
and now that the case is posted for the report from C-
Dit, Thiruvananthapuram, we do not find any reason
to interfere with Ext.P4 at this distance of time.
Moreover, on an appreciation of the pleadings,
materials on record and the findings of the Family
Court in Ext.P4 order, we do not find any error of
jurisdiction or illegality in the impugned Ext.P4 order
warranting interference by this Court in exercise of its
supervisory jurisdiction under Article 227 of the
Constitution of India.
7. Taking note of the fact that this Court had by
Ext.P2 judgment directed the Family Court to consider
and dispose of Ext.P1 within a period of six months
from 6.3.2019,we direct the Family Court to dispose of
the case as expeditiously as possible on the receipt of
the report from C-Dit,Thiruvananthapuram. It is also
OP (FC).No.772 OF 2019
brought to the notice of this Court that the learned
Judge of the Family Court has till date not sought for
any enlargement of time pursuant to the directions in
Ext.P2. It is upto the Family Court to seek for
enlargement of time to dispose Ext.P1.
With the above observations, this original petition
is disposed of.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
C.S.DIAS
ma/23.2.2021 /True copy/
JUDGE
OP (FC).No.772 OF 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE OP HMA NO.36/2019
FILED BY THE PETITIONER AGAINST THE
RESPONDENT BEFORE THE FAMILY COURT AT
CHAVARA
EXHIBIT P2 TRUE COPY OF THE ORDER PASSED BY THIS
HON'BLE COURT IN OP(FC)NO.118/2019
EXHIBIT P3 TRUE COPY OF THE IA NO.1970/2019 FILED
BY THE RESPONDENT BEFORE THE HON'BLE
FAMILY COURT AT CHAVARA DATED
11.10.2019
EXHIBIT P4 RUE COPY OF THE ORDER PASSED IN
I.A..1970/2019 IN O.P.36/2018 DATED
12.11.2019
EXHIBIT P5 TRUE COPY OF THE OBJECTION FILED BY
THE PETITIONER
EXHIBIT P6 TRUE COPY OF THE IA NO.2278/2019 FILED
BY THE RESPONDENT SEEKING FURTHER TIME
FOR SENDING THE VIDEO DATED 20.11.2019
