Dr.Smitha vs Subeesh
2021 Latest Caselaw 7060 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                   &

          THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

     MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                         OP (FC).No.134 OF 2021

  AGAINST THE ORDER/JUDGMENT IN OP 654/2014 DATED 21-01-2021 OF
                   FAMILY COURT, IRINJALAKUDA


PETITIONER/PETITIONER:

             DR.SMITHA, AGED 39 YEARS
             D/O. THARAYIL DINESH,
             KOORKANCHERY VILLAGE AND DESOM,
             THRISSUR TALUK, THRISSUR.

             BY ADVS.
             SHRI.K.B.GANGESH
             SMT.ATHIRA A.MENON

RESPONDENTS/RESPONDENTS:

      1      SUBEESH, AGED 40 YEARS
             S/O. PERINCHERY PALLATHUVEETTIL SIVARAMAN,
             VARANTHARAPPILLY VILLAGE AND DESOM,
             CHALAKUDY TALUK, THRISSUR-680303.

      2      SIVARAMAN,AGED 73 YEARS
             S/O. PERINCHERY PALLATHUVEETTIL KOCHUGOVINDAN,
             VARANTHARAPPILLY VILLAGE AND DESOM, CHALAKUDY TALUK,
             THRISSUR-680303.

      3      DAKSHAYANI @ BINDU,
             AGED 65 YEARS
             W/O. PERINCHERY PALLATHUVEETTIL SIVARAMAN,
             VARANTHARAPPILLY VILLAGE AND DESOM,
             CHALAKUDY TALUK, THRISSUR-680303.


     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD             ON
01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(FC).No.134/2021
                                           2




                                        JUDGMENT

Dated this the 1st day of March 2021

Dr. Kauser Edappagath, J.

The petitioner herein is the petitioner in

O.P.No.654/2014 on the of the Family Court, Irinjalakkuda.

The 1st respondent is the husband of the petitioner and the 2nd and 3rd respondents are the children born in the wedlock.

The original petition was filed for recovery of gold

ornaments and money. The parties went on trial. After the

evidence is over, the petitioner filed Exts.P3 and P4

applications before the court below to reopen the evidence

and to accept certain documents, respectively. The

respondents filed counter statement. The court below,

after hearing both sides, dismissed both applications as

per Exts.P7 and P8 orders. The said orders are under

challenge in this original petition.

2. Notice has been issued to the respondents. But

there is no appearance. We heard the counsel for the

petitioner. The applications filed for reception of

documents as well as to reopen evidence were dismissed

holding that the applications were belated. During the

trial, the petitioner had produced the wedding album of the

parties so as to prove the quantity of gold ornaments O.P.(FC).No.134/2021

allegedly gifted to her. According to the respondents, the

petitioner took back her entire gold ornaments on

15.10.2012. In order to prove the gold ornaments possessed

by the petitioner and allegedly taken by the respondents,

the petitioner wanted to produce the CD of their marriage.

It is for that purpose Exts.P3 and P4 were filed. The

petitioner also wanted to produce a copy of the

O.P.NO.923/2013 which is a petition filed by the 1 st

respondent for restitution of conjugal rights.

3. We are of the view that the evidence sought to be

adduced by the petitioner cannot be shutdown for the mere

reason that there was delay. No prejudice will be caused

to the respondents if the documents are received before the

court below. The reliability of those documents can be

decided by the court below at the time of trial. Hence, we

are of the view that Exts.P7 and P8 orders are not

sustainable and are liable to be set aside.

In the result, this original petition is allowed.

Exts.P7 and P8 are set aside. Exts.P3 and P4 stand

allowed.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

                 True copy                      Dr.KAUSER EDAPPAGATH, JUDGE
kp                 P.A. To Judg
 O.P.(FC).No.134/2021




                           APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1             TRUE COPY OF THE O.P.NO.654/2014 ON THE

FILE OF FAMILY COURT, IRINJALAKKUDA.

EXHIBIT P2 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENTS IN O.P.NO.654/2014 ON THE FILE OF FAMILY COURT, IRINJALAKKUDA.

EXHIBIT P3 TRUE COPY OF I.A.NO.1/2020 IN OP NO.654/2014 FILED BY THE PETITIONER.

EXHIBIT P4 TRUE COPY OF I.A.NO.2/2020 IN OP NO.654/2014 FILED BY THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENTS IN I.A.NO.1/2020 IN OP NO.654/2014.

EXHIBIT P6 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENTS IN IA NO.2/2020 IN OP NO.654/2014.

EXHIBIT P7 TRUE COPY OF ORDER DATED 21.1.2021 PASSED BY FAMILY COURT, IRINJALAKUDA IN IA.NO.1/2020.

EXHIBIT P8 TRUE COPY OF ORDER DATED 21.1.2021 PASSED BY FAMILY COURT, IRINJALAKKUDA IN IA.NO.2/2020.