Rajesh Kumar vs Neethu.B. Alias Neethu Baby ...
2021 Latest Caselaw 2628 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.37 OF 2020

 AGAINST THE ORDER/JUDGMENT IN OPGW 2353/2019 OF FAMILY
                    COURT, ATTINGAL


PETITIONER:

              RAJESH KUMAR, AGED 40 YEARS, S/O.SOMASEKHARAN
              NAIR, MAKKARAJYOTHIS, NEAR KOVIL VILA TEMPLE,
              ALEMCODE (PO), MEL ATTINGAL,
              THIRUVANANTHAPURAM-679 306.

              BY ADV. SRI.G.RADHAKRISHNAN

RESPONDENT:

              NEETHU.B. ALIAS NEETHU BABY MATHEW,AGED 30
              YEARS
              D/O.PARUKKUTTY, T.C.11/552, MUSEUM, BAINS
              COMPOUND, KAWADIYAR (PO), THIRUVANANTHAPURAM,
              PIN-695 003.

              R1 BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.37 OF 2020

                                ..2..




                           JUDGMENT

Dated this the 22nd day of January 2021

C.S.Dias, J

This original petition is filed seeking a direction to the

Family Court, Thiruvananthapuram to dispose of I.A. Nos.

3199/2019 and 3200/2019 in O.P (G&W)No. 2353/2019.

2. When the original petition came up for consideration

on 11.03.2020, it was brought to the notice of this Court that the

original petition was already transferred to the Family Court,

Ottapalam, pursuant to the direction of this Court.

3. Although the petitioner sought time to amend the

original petition as early as on 11.03.2020, nothing has been

done till date.

4. As O.P.(G&W)No.2353/2019 has already been

transferred to the Family Court, Ottapalam, the prayer in the OP (FC).No.37 OF 2020

..3..

original petition cannot be allowed. We are of the opinion that

nothing further survives in this original petition.

Resultantly, this original petition is dismissed, without

prejudice to the right of the petitioner, if he so desires, to file a

fresh original petition.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

C.S.DIAS

JUDGE

PR OP (FC).No.37 OF 2020

..4..

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 COPY OF JUDGMENT DATED 26TH JUNE 2015 IN OP(HMA) NO.1263/2014 OF THE FAMILY COURT, ATTINGAL UNDER SECTION 13-B OF THE HINDU MARRIAGE ACT.

EXHIBIT P2 COPY OF THE AGREEMENT OF SETTLEMENT DATED 13.09.2014 SIGNED BY BOTH PARTIES BEFORE EXHIBIT P1.

EXHIBIT P3 COPY OF THE PETITION IN OP (G & W) NO.2353 OF 2019 OF THE FAMILY COURT, THIRUVANANTHAPURAM.

EXHIBIT P4 COPY OF THE MEMORANDUM OF TRANSFER PETITION TR(PC) NO.778 OF 2019 OF THE HIGH COURT OF KERALA.

EXHIBIT P5 THE COPY OF THE PROCEEDINGS OF THE SECRETARY IN FILE NO.HIQ/81024/2019 ON THE APPLICATION FILED BY THE RESPONDENT ON 14.10.2019.

EXHIBIT P6 COPY OF THE CORRECTED BIRTH CERTIFICATE OF THE WARD DATED 10.10.2019.

EXHIBIT P7 COPY OF THE ADMISSION CERTIFICATE DATED 12.11.2019 FROM MAHARSHI VIDYALAYA SENIOR SECONDARY SCHOOL, PATTAMBI, PALAKKAD DISTRICT.

EXHIBIT P8 COPY OF THE ONE AND THE SAME CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KAWDIYAR VILLAGE.