Indu vs Rajesh P.V.
2021 Latest Caselaw 9236 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                    &

     THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                        OP (FC).No.688 OF 2019

AGAINST THE ORDER/JUDGMENT IN OP 94/2019 DATED 17-10-2019
               OF FAMILY COURT, THIRUVALLA


PETITIONER:

              INDU, AGED 37 YEARS, D/O. SURENDRA BABU,
              MANNU MADATHIL VEETIL, KANJEETUKARA P O,
              AYIROOR VILLAGE, KOZHENCHERY TALUK,
              PATHANAMTHITTA 689 641.

              BY ADVS.
              SRI.K.S.HARIHARAPUTHRAN
              SMT.BHANU THILAK

RESPONDENT:

              RAJESH P.V., AGED 43 YEARS, S/O. VISWANATHAN,
              ARYATHEERTHA VEETTIL, VALLAMALAMURI,
              KUNNAMTHANAM VILLAGE, MALLAPPALLY TALUK, 689
              585.

              R1   BY   ADV.   SRI.JOSEPH GEORGE (ALA)
              R1   BY   ADV.   SRI.G.HARIHARAN
              R1   BY   ADV.   SMT.K.S.SMITHA
              R1   BY   ADV.   SRI.V.R.SANJEEV KUMAR
              R1   BY   ADV.   SRI.PRAVEEN.H.

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
19-03-2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.688 OF 2019

                                   ..2..




                           JUDGMENT

Dated this the 19th day of March 2021 A.Muhamed Mustaque, J

This original petition was filed challenging

the interim injunction granted in favour of the

respondent in a pending original petition before

the Family Court, Thiruvalla. Admittedly, the

marital relationship of the petitioner and the

respondent has come to an end through a joint

divorce granted by the Family Court. The

respondent, thereafter filed the original

petition for permanent injunction. In that

petition an interim injunction has been granted.

The Family Court, by a detailed order, found

that the respondent made out a prima facie case

and the balance of convenience is also in his

favour. We may not be justified in interfering

with such an order invoking the powers under

Article 227 of the Constitution of India.

Accordingly, we dismiss this original petition. OP (FC).No.688 OF 2019

..3..

Untrammelled by any findings in the impugned

order, the Family Court shall dispose of the

original petition in accordance with law.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

DR. KAUSER EDAPPAGATH

JUDGE

PR OP (FC).No.688 OF 2019

..4..

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE OP NO.94/2019 DATED 08.03.2019 FILED BEFORE THE LEARNED FAMILY COURT, THIRUVALLA.

EXHIBIT P2 TRUE COPY OF THE IA NO.194/2019 DATED 08.03.2019 FILED BEFORE THE FAMILY COURT, THIRUVALLA,

EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER HEREIN OP NO.94/2019 DATED 03.08.2019 BEFORE THE FAMILY COURT, THIRUVALLA.

EXHIBIT P4 TRUE COPY OF THE ORDER PASSED BY THE FAMILY COURT, THIRUVALLA IN IA NO.194/2019 IN OP NO.94/2019.