Shyja vs Shantiya Balakrishnan
2021 Latest Caselaw 21695 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
            THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                           &
                   THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
    TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                              OP (FC) NO. 527 OF 2021
 AGAINST THE ORDER/JUDGMENT IN IA 1/2021 IN OP 12/2021 OF FAMILY
                          COURT,KOZHIKODE, KOZHIKODE
PETITIONER:

            SHYJA, AGED 52 YEARS, W/O. SURESAN A, LEELAMADHAVAM,
            ARECHANTAKATH, PUTHIYAPPA, KOZHIKODE - 673 021.

            BY ADVS.
            NIRMAL.S
            VEENA HARI
            IRENE ELZA SOJI
            RIA ELIZABETH JOSEPH
            M.RAMYA RAMACHANDRAN


RESPONDENTS:

    1       SHANTIYA BALAKRISHNAN, AGED 55 YEARS, D/O. V.K.
            BALAKRISHNAN, VELIVALAPPIL, ARAYANTAPARAMBIL, KOLLAM,
            KOYILANDY - 673 305.

    2       VAISHAK.A, AGED 28 YEARS, S/O. SURESAN A,
            LELLAMADHAVAM, ARECHANTAKATH, PUTHIYAPPA, KOZHIKODE -
            673 021.


     THIS     OP    (FAMILY    COURT)    HAVING   COME   UP   FOR   ADMISSION   ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC) NO. 527 OF 2021
                                      2


                            JUDGMENT

A. Muhamed Mustaque, J

This original petition is filed challenging an order in an

application to summon call data records from a mobile service

provider in respect of the mobile used by the respondent during

the period from 8.01.2020 to 7.11.2020 filed in O.P No.12 of

2021 on the file of the Family Court, Kozhikode.

2. The 1st respondent filed O.P No.12 of 2021 for return

of gold ornaments or its equivalent value.

3. In the above O.P, the petitioner filed an application to

summon the call data from the mobile service provider.

4. The Family Court had dismissed the application

holding that it has no relevance in regard to the matter in issue.

Challenging the order the petitioner has come up with this

original petition.

Having gone through the impugned order, we find no

infirmity with the order as there is no jurisdictional error

committed by the Family Court. The dispute between the parties OP (FC) NO. 527 OF 2021

is in regard to the return of gold ornaments. How such call data

details are relevant in this matter is not known. The original

petition is only to be dismissed. Accordingly, it is dismissed in

limine.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-s

SOPHY THOMAS

JUDGE

PR OP (FC) NO. 527 OF 2021

APPENDIX OF OP (FC) 527/2021

PETITIONER EXHIBITS Exhibit P1 CERTIFIED COPY OF THE ORDER DATED 15.09.2021 IN I.A 1/2021 IN OP. 12/2021 ON THE FILE OF FAMILY COURT, KOZHIKODE.

Exhibit P2 TRUE COPY OF THE OP.12/2021 FILED BY THE 1ST RESPONDENT ON THE FILE OF FAMILY COURT, KOZHIKODE.

Exhibit P3 TRUE COPY OF THE COUNTER AFFIDAVIT IN OP NO.

12/2021 FILED BY THE PETITIONER AND 2ND RESPONDENT ON THE FILE OF FAMILY COURT, KOZHIKODE.

Exhibit P4 TRUE COPY OF THE IA.1/2021 IN OP. 12/2021 FILED BY THE PETITIONER AND 2ND RESPONDENT ON THE FILE OF FAMILY COURT, KOZHIKODE.

Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT IN IA 1/2021 IN OP NO. 12/2021 FILED BY THE 1ST RESPONDENT ON THE FILE OF FAMILY COURT, KOZHIKODE.