Kerala High Court
Bindu B.K. vs Dinak.K on 21 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
THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942
OP (FC).No.400 OF 2020
AGAINST THE COMMON ORDER IN I.A.NO.1806/2019 AND
1.A.NO.1803(A)/2019 IN O.P.NO.1003/2015 DATED 07.02.2020
OF FAMILY COURT, KOZHIKODE
-------------
PETITIONER/S:
BINDU B.K., D/O. B.K.C. UNNI (LATE), AGED 42 YEARS,
BHAGAVATHIKALATHIL (H), VALLUVAMBRAM P.O.,
MALAPPURAM, PIN-673 642.
BY ADVS.
SMT.K.K.PREETHA
SRI.R.K.PRASANTH
RESPONDENT/S:
1 DINAK.K, AGED 46 YEARS, S/O.KAMALAKARAN (LATE),
GA-RC IV, SILVER SPRINGS, CHALI, MANKAVU, KOZHIKODE
DISTRICT, PIN-673 007.
2 RATNAMAYI ARANGIL, AGED 74 YEARS,
W/O.KAMALAKARAN (LATE), GA-RC-IV, SILVER SPRINGS,
CHALI, MANKAVU, KOZHIKODE DISTRICT, PIN-673 007.
3 DEEPAK K., AGED 52 YEARS, S/O. KAMALAKARAN (LATE),
EDEL WEIS FLATS, FLAT NO.D2, KADAVANTHRA P.O.,
VIDHYANAGAR, ERNAKULAM, PIN-682 020.
R1, R3 BY ADV. SRI.BASANT BALAJI
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 21.01.2021
ALONG WITH O.P.(FC) NO.9/2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
O.P.(FC) Nos.400/2020 & 9/2021 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942
OP (FC).No.9 OF 2021
AGAINST THE COMMON ORDER IN I.A.NO.1806/2019 AND
1.A.NO.1803(A)/2019 IN O.P.NO.1003/2015 IN O.P.NO.07/2015 IN
O.P.NO.1082/2016 AND IN MC NO.314/2015 DATED 07.02.2020
OF FAMILY COURT, KOZHIKODE
PETITIONER/S:
1 DINAK K., AGED 46 YEARS,
S/O. LATE KAMALAKARAN, GA-RCIV, SILVER SPRINGS,
CHALI, MANKAVU, KOZHIKODE-673 007.
2 RATNAMAYI ARANGIL, AGED 74 YEARS,
W/O.LATE KAMALAKARAN, GA-RCIV, SILVER SPRINGS,
CHALI, MANKAVU, KOZHIKODE-673 007.
3 DEEPAK K., AGED 52 YEARS, S/O.LATE KAMALAKARAN,
EDEL WEIS FLATS, FLAT NO.D2, KADAVANTHRA P.O.,
VIDHYANAGAR, ERNAKULAM-682 020.
BY ADV. SRI.BASANT BALAJI
RESPONDENT/S:
BINDU B.K.,
D/O. LATE B.K.C UNNI,
BHAGAVATHIKALATHIL (H),
VALLUVAMBRAM P.O.,
MALAPPURAM-673 642.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
21.01.2021 ALONG WITH O.P.(FC) NO.400/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC) Nos.400/2020 & 9/2021 3
JUDGMENT
Dated this the 21st day of January 2021
A.Muhamed Mustaque, J.
These original petitions are filed challenging a common
order in an interlocutory application in O.P.No.1003/2015 on
the file of the Family Court, Kozhikode. This matter has been
tagged along with the connected matter for joint trial. We are
not referring to the issues involved before the Family Court.
The matter now arises consideration in regard to dismissal of
an application for sending a document for expert opinion. The
respondents denied the contents of a greeting card during the
cross examination before the Family Court. The said greeting
card was produced before the Family Court. The petitioner,
thereafter, filed an application to send the same for an
expert opinion in regard to the content. That application has
been dismissed.
2. We do not find any reason to interfere with the order
passed in the interlocutory application. If the petitioner is
finally prejudiced by such order, she is free to challenge the
same along with the decree to be passed in the matter.
3. We, in exercise of power under Article 227 of the
Constitution cannot interfere with the order passed in the
interlocutory applications on merits. It is to be noted that
it is open for the Family Court to consider sending the
document for expert opinion if the Family Court at a later
stage of the trial feels that such expert opinion is required.
Accordingly, both the original petitions are dismissed.
Taking note of the fact that the original petitions are
pending before the Family Court since 2015, the Family Court
shall consider and dispose of the same at the earliest.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
C.S.DIAS
JUDGE
ln
APPENDIX OF O.P.(FC) NO.9 OF 2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORIGINAL PETITION NO.1003/2015 ON
THE FILE OF THE FAMILY COURT, KOZHIKODE.
EXHIBIT P2 TRUE COPY OF THE IA NO.1806/2019 IN OP
NO.1003/2015.
EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER
TO IA 1806/2019.
EXHIBIT P4 TRUE COPY OF THE IA NO.1803(A) IN OP NO.1003/2015.
EXHIBIT P5 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT
TO IA 1803(A).
EXHIBIT P6 TRUE COPY OF THE ORDER DTD 07.02.2020 IN IA
NO.1803(A) AND IA NO.1806/2019 IN OP NO.1003/2015
IN OP NO.07/2015 IN OP 1082/2016 AND M.C
NO.314/2015 ON THE FILE OF THE FAMILY COURT,
KOZHIKODE.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY//
P.A.TO JUDGE
APPENDIX OF O.P.(FC) NO.400 OF 2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE OP NO.1003/15 ON THE FILE OF
THE FAMILY COURT KOZHIKODE DATED 3.7.2014.
EXHIBIT P2 TRUE COPY OF THE GREETING CARD DATED 29.6.2013
GIVEN TO THE PETITIONER BY THE IST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE IA NO.1806/2019 IN
O.P.1003/2015 DATED 1.11.2019.
EXHIBIT P4 TRUE COPY OF THE COUNTER STATEMENT FILED BY
THE RESPONDENT TOWARDS EXHIBIT P3 DATED
30.12.2019.
EXHIBIT P5 TRUE COPY OF THE INTERLOCUTORY APPLICATION
NO.1803(A)/2019 DATED 9.12.2019.
EXHIBIT P6 TRUE COPY OF THE COUNTER STATEMENT IN IA
1803(A)/2019 DATED NIL.
EXHIBIT P7 TRUE COPY OF THE COMMON ORDER OF THE FAMILY
COURT JUDGE, KOZHIKODE IN IA 1803(A) & IA
NO.1806/2019 IN O.P. 1003/2015 DATED 7.2.2020.
RESPONDENT'S EXHIBITS :NIL.
//TRUE COPY//
P.A.TO JUDGE
