Kerala High Court
Prabhavathi Arumughan vs Padma Anand on 27 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
WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942
OP (FC).No.355 OF 2017(R)
AGAINST THE ORDER IN I.A.NO.1050/2017 IN O.P.NO.1286/2014 OF
FAMILY COURT, THRISSUR
-----
PETITIONER/S:
PRABHAVATHI ARUMUGHAN,
AGED 76, W/O. LATE ARUMUGHAN,
ADATTUPARAMBIL HOUSE, SILK NAGAR,
PERINGANDOOR VILLAGE & POST,
THIRUTHIPARAMBU DESOM, TALAPILLY TALUK,
THRISSUR DIST.
BY ADVS.
SRI.THIYYANNOOR RAMAKRISHNAN
SRI.ARUN KUMAR.P
SMT.AMBIKA RADHAKRISHNAN
RESPONDENT/S:
1 PADMA ANAND,
W/O. ADATTUPARAMBIL LATE ANAND SAILK
NAGAR,PERINGANDOOR VILLAGE & POST, THRUTHIPARAMBU
DESOM, TALAPPILLY TALUK, THRISSUR DIST - 680 581.
2 SIVADAS ANAND, S/O.PADMA NAIK, SAILK NAGAR,
PERINGANDOOR VILLAGE & POST, THIRUTHIPARAMBU DESOM,
TALAPPILLY TALUK, THRISSUR DIST - 680 581.
R1 BY ADV. SRI.G.SREEKUMAR (CHELUR)
R1 BY ADV. SRI.G.SREEKUMAR CHELUR
R1 BY ADV. SRI.SAJITH KUMAR KANGHINGHAT
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 27-01-2021,
ALONG WITH O.P.(FC).57/2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
OP(FC)Nos.355/2017 & 57/2017 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942
OP (FC).No.57 OF 2017
AGAINST THE ORDER IN I.A.NO.4163/2016 IN O.P.NO.1047/2015 OF
FAMILY COURT, THRISSUR
------
PETITIONER/S:
PRABHAVATHI ARUMUGHAN, AGED 76, W/O.LATE ARUMUGHAN,
ADATTUPARAMBIL HOUSE, SILK NAGAR, PERINGANDOOR
VILLAGE & POST, THIRUTHIPARAMBU DESOM, TALAPPILLY
TALUK, THRISSUR DISTRICT.
BY ADVS.
SRI.THIYYANNOOR RAMAKRISHNAN
SRI.ARUN KUMAR.P
SMT.AMBIKA RADHAKRISHNAN
RESPONDENT/S:
1 PADMA ANAND, W/O.ADATTUPARAMBIL LATE ANAND, SAILK
NAGAR, PERINGANDOOR VILLAGE & POST, THIRUTHIPARAMBU
DESOM, TALAPPILLY TALUK, THRISSUR DISTRICT - 680
581.
2 SIVADAS ANAND, S/O.PADMA NAIK, SAILK NAGAR,
PERINGANDOOR VILLAGE & POST, THIRUTHIPARAMBU DESOM,
TALAPPILLY TALUK, THRISSUR DISTRICT - 680 581.
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 27-01-2021,
ALONG WITH OP (FC).355/2017(R), THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP(FC)Nos.355/2017 & 57/2017 3
JUDGMENT
[ OP (FC).355/2017, OP (FC).57/2017 ]
Dated this the 27th day of January 2021
These original petitions were filed by
Smt.Prabhavathi Arumughan challenging the order for
deciding the paternity of the child through DNA test
in an application filed by the respondent in a
separate proceedings before the Family Court,
Thrissur. The petitioner herein is the respondent in
O.P.Nos.1047/2015 & 1286/2014. In both cases
different reliefs are sought against the petitioner.
There was a dispute regarding paternity. It is based
on the application filed by the respondents herein,
the Family Court allowed the application for DNA
test. This Court granted an interim stay of all
further proceedings. It appears that based on the
interim order of this Court, DNA test could not be
conducted. It is now reported that the petitioner is
no more. In such circumstances, all proceedings have
become abated. Accordingly, the impugned orders have
become abated.
Reserving liberty to the respondents to prove
the paternity in any other mode available under law,
these original petitions are disposed of holding
that the orders impugned before this Court are
abated, consequent upon the death of the petitioner.
All pending interlocutory applications are closed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
C.S.DIAS
JUDGE
ln
APPENDIX OF OP (FC)NO.355/2017
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION IN O.P 1286/2014
FILED BY RESPONDENTS HEREIN BEFORE FAMILY
COURT, THRISSUR.
EXHIBIT P2 TRUE COPY OF THE OBJECTION FILED BY
PETITIONER AND PRAYAN BABU TO EXT.P1
PETITION.
EXHIBIT P3 TRUE COPY OF THE PETITION IN I.A 1050/2017 IN
O.P 1286/2014.
EXHIBIT P4 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER HEREIN IN 1A NO. 1050/2017 IN OP
NO.1286/2014.
EXHIBIT P5 TRUE COPY OF THE ORDER OF THE FAMILY COURT IN
IA NO 1050/2017 IN OP NO.1286/2014.
EXHIBIT P6 TRUE COPY OF THE MEDICAL CERTIFICATE OF THE
PETITIONER ISSUED BY FATHIMA HOSPITAL &
RESEARCH CENTRE, KOCHI.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY//
P.A.TO JUDGE
APPENDIX OF OP (FC)NO.57/2017
PETITIONER'S/S EXHIBITS:
EXHIBIT P1. TRUE COPY OF THE PETITION IN O.P.1047/2015
FILED BY RESPONDENTS HEREIN BEFORE FAMILY
COURT, THRISSUR.
EXHIBIT P2. TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER AND PRAYAN BABU TO EXT.P1 PETITION.
EXHIBIT P3. TRUE COPY OF THE PETITION IN I.A.4163/2016 IN
O.P.1047/2015.
EXHIBIT P4. TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER HEREIN IA NO.4163/2016 IN OP
NO.1047/2015.
EXHIBIT P5. TRUE COPY OF THE ORDER OF THE FAMILY COURT IN
IA NO.4163/2016 IN OP NO.1047/2015.
EXHIBIT P6. TRUE COPY OF THE MEDIAL CERTIFICATE OF THE
PETITIONER ISSUED BY FATHIMA HOSPITAL &
RESEARCH CENTRE, KOCHI.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY//
P.A.TO JUDGE
