Ratheesh Kumar vs Mallika
2021 Latest Caselaw 3384 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 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                  OP (FC).No.244 OF 2019

AGAINST THE ORDER/JUDGMENT IN OP 84/2007 OF FAMILY COURT,
                       THODUPUZHA


PETITIONERS:

     1     RATHEESH KUMAR, AGED 48 YEARS
           S/O. GOPALAKRISHNAN NAIR, KOLLAMPARABIL HOUSE,
           ARAKULAM KARA, ARAKULAM VILLAGE, THODUPUZHA

     2     OMANA, W/O. LATE JOSE, KAITHOLIL HOUSE,
           KADANADU, NOW RESIDING AT PORIYARATH HOUSE,
           MOOLAMATTAM KARA, ARAKULAM VILLAGE, THODUPUZHA

           BY ADV. SHRI.DOMSON J.VATTAKUZHY

RESPONDENTS:

     1     MALLIKA, D/O. KUNJAPPAN, ASARIPARAMBIL HOUSE,
           PANGARIPPILLY P. O., CHELAKKARA PANCHAYAT,
           THALAPPILLY TALUK, THRISSUR DISTRICT - 680 586

     2     SOUMYA, D/O. MALLIKA, ASARIPARAMBIL HOUSE,
           PANGARIPPILLY P. O., CHELAKKARA PANCHAYAT,
           THALAPPILLY TALUK, THRISSUR DISTRICT - 680 586

     3     SANDHYA, D/O. MALLIKA, ASARIPARAMBIL HOUSE,
           PANGARIPPILLY P. O., CHELAKKARA PANCHAYAT,
           THALAPPILLY TALUK, THRISSUR DISTRICT - 680 586

     4     SANDHRA, D/O. MALLIKA, ASARIPARAMBIL HOUSE,
           PANGARIPPILLY P. O., CHELAKKARA PANCHAYAT,
           THALAPPILLY TALUK, THRISSUR DISTRICT - 680 586
 OP (FC).No.244 OF 2019

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       5      P. N. SATHYAN, S/O. PUTHUPEDATH NARAYANAN,
              KOCHUTHOVALA KARA, KATTAPPANA VILLAGE,
              UDUMBANCHOLA TALUK, IDUKKI DISTRICT - 685 508

              R1-4 BY ADV. SRI.G.SREEKUMAR (CHELUR)

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.244 OF 2019

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                         JUDGMENT

Dated this the 29th day of January 2021

A.Muhamed Mustaque, J

This original petition was filed in the year 2019

challenging an order in I.A. No. 202 of 2016 in O.P. No. 84 of

2007 dated 19.12.2016 on the file of the Family Court,

Thodupuzha. O.P. No. 1016/2003 was filed on 12.11.2003

before the Family Court, Thrissur by the respondents. That was

returned by the Family Court, Thrissur on 13.10.2006 for

presentation before the proper Court. Accordingly, that was

presented before the Family Court, Thodupuzha.

2. The petitioners herein entered appearance and raised

an objection in regard to claim B and C. According to the

petitioners, those claims are barred by limitation. By the

impugned order, the Family court postponed the decision on the

question of limitation at the stage of evidence. This order is OP (FC).No.244 OF 2019

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under challenge before this Court.

3. At the outset, we express dismay on the conduct of

the petitioners in approaching this Court with the original

petition in the year 2019, challenging an order in the year 2016.

It is obvious that this attempt is only to stall the entire

proceedings before the Family Court, Thodupuzha. If the

petitioners were really aggrieved by such an order, they might

have approached this Court, immediately after the order was

passed. In fact, the Family Court only postponed the decision

on the question of limitation at the stage of evidence. We do

not see any reason to interfere with this matter, invoking the

power under Article 227 of the Constitution of India. The entire

proceedings have come to a halt on account of the interim order

passed by this Court. This matter ought to have been dismissed

with heavy costs. However, taking a lenient view, we are

absolving the petitioners from paying the cost. This original OP (FC).No.244 OF 2019

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petition is, accordingly, dismissed. No costs.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

C.S.DIAS

JUDGE

PR OP (FC).No.244 OF 2019

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APPENDIX PETITIONERS EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORIGINAL PETITION IN O.P.NO.1016/2003 BEFORE THE FAMILY COURT, THRISSUR

EXHIBIT P2 TRUE COPY OF THE ORDER RETURNING IN O.P.NO.1016/2003 OF THE FAMILY COURT, THRISSUR

EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS

EXHIBIT P4 TRUE COPY OF PETITIONER IN I.A.NO.202/2016 BEFORE THE FAMILY COURT, THOUDUPUZHA.

EXHIBIT P5 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT 1 TO 4

EXHIBIT P6 TRUE COPY OF THE ORDER IN I.A.NO.202/2016 IN O.P.NO.84/2007 ON THE FILE OF FAMILY COURT, THODUPUZHA.