Sribina P.S vs Prasoon Puthiya Veetil
2021 Latest Caselaw 2625 Ker

         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 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                    OP (FC).No.295 OF 2020

   AGAINST THE ORDER/JUDGMENT IN OP 894/2019 OF FAMILY
                    COURT, THALASSERY


PETITIONER:

              SRIBINA P.S, AGED 31 YEARS
              D/O.M.SREEDHARAN, SREERANG'S, POOKODE P.O.,
              THALASSERY TALUK, KANNUR DISTRICT, PIN-670
              691.

              BY ADVS.
              SMT.BINDUMOL JOSEPH
              SRI.B.S.SYAMANTHAK
              SHRI.SRIVIDYA K

RESPONDENTS:

     1        PRASOON PUTHIYA VEETIL
              S/O.P.V.BALAKRISHNAN, GRANMA, KANNADIPARAMBA,
              P.O.KANNADIPARAMBA, KANNUR TALUK, KANNUR
              DISTRICT, PIN-670 604, REPRESENTED BY HIS
              POWER OF ATTORNEY HOLDER HOLDER HIS FATHER
              P.V.BALAKRISHNAN, AGED 70 YEARS, S/O.LATE
              RAMAN, GRANMA, KANNADIPARAMBA,
              P.O.KANNADIPARAMBA, KANNUR TALUK, KANNUR
              DISTRICT, PIN-670 604.

     2        KALAYIL MATHEW NIBIN BABU,
              AGED ABOUT 31 YEARS, S/O.KALYANI MATHEW BABU,
              HOUSE NO.309, KALAYIL HOUSE, NEAR ST.MARY'S
              CHURCH, P.O.CHANNANIKKAD, VIA KUZHIMATTAM,
              KOTTAYAM DISTRICT, PIN-686 533.
 OP (FC).No.295 OF 2020
                             ..2..


              R1 BY ADV. SRI.K.VISWAN
              R1 BY ADV. SRI.D.ARUN BOSE
              R1 BY ADV. SRI.AKHIL S.VISHNU

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.295 OF 2020
                                  ..3..




                            JUDGMENT

Dated this the 22nd day of January 2021

A.Muhamed Mustaque, J

This original petition was filed challenging Ext.P4 order

of the Family Court, Thalassery.

2. Ext.P4 order was passed in an application filed by

the respondent in Family Court, to collect the voice sample of

persons referred to in the application and send the same to the

expert for his opinion. The Family Court allowed the

application and appointed an Advocate Commissioner to

supervise the taking of the sample from the persons by All India

Radio, Kannur.

3. It is contended that without verifying the

genuineness of the electronic documents, such a direction

would prejudice the petitioner.

It is to be noted that the Family Court allowed the OP (FC).No.295 OF 2020 ..4..

application only to collect the evidence. The credibility of the

evidence can be examined at a later stage. This Court need not

interfere with the order of the Family Court to adduce evidence

through experts. The petitioner will have all opportunity to

discredit the evidence to be collected, at appropriate stage. If

the petitioner is of the view that the order impugned will

prejudice her, liberty is given to the petitioner to challenge the

order, if the petitioner aggrieved by the final outcome of the

proceedings. With liberty as above, this original petition is

disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

C.S.DIAS

JUDGE

PR OP (FC).No.295 OF 2020 ..5..

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE OP NO.346/2018 DATED 10.03.2018 WHICH WAS ORIGINALLY FILED BEFORE THE HON'BLE FAMILY COURT,KANNUR AND LATER TRANSFERED TO THE HON'BLE FAMILY COURT, THALASSERY AND NUMBERED AS OP NO.894/2019

EXHIBIT P2 A TRUE COPY OF IA NO.1/2020 IN OP NO.894/2019 FILED BY THE RESPONDENT

EXHIBIT P3 A TRUE COPY OF THE COUNTER STATEMENT DATED 30.07.2020 LONG WITH ENGLISH TRANSLATION

EXHIBIT P4 A TRUE COPY OF THE ORDER PASSED BY THE HON'BLE FAMILY COURT , THALASSERY IN IA NO.1/2020 IN OP NO.894/2019

RESPONDENTS EXHIBITS:

EXHIBIT R1(A) COPY OF THE AGREEMENT EXECUTED BETWEEN PETITIONER AND RESPONDENT NO.1 DATED 12/05/2017.

EXHIBIT R1(B) COPY OF PETITION IN OP 723/2017 OF HON'BLE FAMILY COURT, KANNUR FILED U/S. 13B OF HINDU MARRIAGE ACT DATED 12/05/2017.

EXHIBIT R1(C) COPY OF DISSOLUTION PETITION FILED AS OP 894/2019 OF HON'BLE FAMILY COURT, THALASSERY DATED 10/03/2018.

EXHIBIT R1(D) COPY OF PREGNANCY TEST REPORT ISSUED BY KIMS MEDICAL CENTRE, BEHARIN DATED 09/11/2016.

EXHIBIT R1(E) COPY OF PATIENT HISTORY REPORT ISSUED OP (FC).No.295 OF 2020 ..6..

BY AL-HILAL HOSPITAL, BAHARIN, DATED 15/12/2016.

EXHIBIT R1(F) COPY OF DEPOSITION OF PW1 (PETITIONER HEREIN) IN OP 185/2019, OP 894/2019 AND MC 86/2019 (JOINT TRAIL) OF FAMILY COURT, THALASSERY DATED 17/12/2019.

EXHIBIT R1(G) COPY OF DEPOSITION OF RW3(SISTER OF PETITIONER HEREIN) IN OP 185/2019, OP 894/2019 AND MC 86/2019 (JOINT TRAIL) OF FAMILY COURT, THALASSERY DATED 05/03/2020.

EXHIBIT R1(H) COPY OF DEPOSITION OF RW1 (DAUGHTER OF RESPONDENT NO.1 HEREIN) IN OP 185/2019, OP 894/2019 AND MC 86/2019 (JOINT TRAIL) OF FAMILY COURT, THALASSERY DATED 07/01/2020.

EXHIBIT R1(I) COPY OF PETITION IN IA 1/2020 IN OP 894/2019 OF HON'BLE FAMILY COURT, THALASSERY FILED UNDER ORDER 26 RULE 10 A OF CPC FILED BY RESPONDENT NO.1.

EXHIBIT R1(J) COPY OF THE COUNTER STATEMENT FILED BY RESPONDENT NO.1 IN IA 1/2020.

EXHIBIT R1(K) COPY OF THE COUNTER STATEMENT FILED BY RESPONDENT NO.2 IN IA 1/2020.

EXHIBIT R1(L) COPY OF PETITION IN IA 4/2020 IN OP 894/2019 OF HON'BLE FAMILY COURT, THALASSERY TO DIRECT RW 3 TO FURNISH HER VOICE FOR EXPERT OPINION.