Citation : 2021 Latest Caselaw 1059 Ker
Judgement Date : 12 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942
OP (FC).No.574 OF 2016(R)
AGAINST THE ORDER/JUDGMENT IN OP 1866/2015 DATED 10-08-
2016 OF FAMILY COURT,THRISSUR
PETITIONER:
SAKTHIDHARAN, AGED 68 YEARS, S/O. KRISHNAN,
VADAKKUMCHERRY HOUSE,KANNAMPALLIPPURAM
DESOMCHENDRAPPINNI VILLAGE, KODUNGALLUR TALUK
BY ADV. SRI.SAIBY JOSE KIDANGOOR
RESPONDENT:
BHANUMATHI, AGED 58 YEARS,D/O. VELAYUDHA,
VETTIYATTIL HOUSEKODANNUR DESOM,PARALAM
VILLAGETHRISSUR TALUK 680 563
R1 BY ADV. SMT.R.RAJITHA
R1 BY ADV. SRI.SANTHOSH P.PODUVAL
R1 BY ADV. SMT.VINAYA V.NAIR
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
14-03-2017, THE COURT ON 12-01-2021 DELIVERED THE
FOLLOWING:
OP (FC).No.574 OF 2016(R)
..2..
JUDGMENT
Dated this the 12th day of January 2021
A.Muhamed Mustaque, J
This original petition was filed challenging the order in
I.A. No. 697/2016 in O.P. No. 1866/2015 on the file of Family
Court, Thrissur. The above application was filed for interim
maintenance and also for the litigation expenses by the
respondent in the original petition. The original petition was
filed by the petitioner herein seeking to declare the marriage
between him and the respondent herein as null and void. That
was allowed directing the petitioner to pay a sum of Rs.
10,000/- (Rupees Ten Thousand only) towards the litigation
expenses and Rs.4,000/- (Rupess Four Thousand only) towards
monthly interim maintenance.
2. This original petition is pending before this Court OP (FC).No.574 OF 2016(R)
..3..
from 2016 onwards.
3. The petitioner's case is that the original petition itself
was filed for declaration of the marriage as null and void. The
Family Court, noting that the respondent has no source of
income of her own, directed the petitioner to pay the litigation
expenses and maintenance to her.
We do not find any error with the impugned order.
There was no stay against the operation of the order. Perhaps,
the order itself has been worked out. Accordingly, this original
petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
C.S.DIAS
JUDGE
PR OP (FC).No.574 OF 2016(R)
..4..
APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE ORIGINAL PETITION
EXHIBIT P2 A TRUE COPY OF THE SAID PETITION DATED 10-02-2016
EXHIBIT P3 THE TRUE COPY OF THE PETITION DATED 22-04-2016
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 1-08-
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