Nithin N.V vs Pranitha M
2021 Latest Caselaw 20744 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
       THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                             &
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                  OP (FC) NO. 234 OF 2021
          OP 196/2019 OF FAMILY COURT, THALASSERY
PETITIONER/RESPONDENT:

         NITHIN N.V, AGED 40 YEARS
         S/O.N.V.VASUDEVAN, RESIDING AT NAVAGEETH
         THIRUVAMBADI TEMPLE ROAD, MANGAD, KALLIASSERY
         P.O., KANNUR NOW RESIDING AT 3RD FLOOR, NO.154/2,
         9TH CROSS BYRASANDRA MAIN ROAD, G.M. PALYA,
         BANGLORE, KARNATAKA 560075

         BY ADVS. SHERRY J. THOMAS
         SRI.E.K.AVINASH



RESPONDENT/PETITIONER:

         PRANITHA M, D/O. MURALEEDHARAN, AGED 32 YEARS,
         MUYARATH HOUSE, KIZHAKKE PALAYAD, NEAR KAYANADATH
         TEMPLE, DHARMADAM AMSOM P.O., PALAYAD, THALASSERY
         670 106

         BY ADV SRI.C.K.SREEJITH

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(FC).No.234/2021

                                   -:2:-

                              JUDGMENT

Dated this the 5th day of October, 2021

A.Muhamed Mustaque,J.

The petitioner has approached this court challenging the

proceedings before the Family Court, Thalassery in O.P.No.196/2019

contending that same dispute is pending between the parties before the

Family Court, Bangalore in MC No.5010/2018.

2. The petitioner has to move the Family Court with an

application u/s 10 of the Code of Civil Procedure. It is for the Family Court

to consider the same after adverting to the rival pleadings. The petitioner

shall move the Family Court within two weeks from today and the Family

Court shall consider the same in accordance with law.

The original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp True copy P.A. To Judge O.P.(FC).No.234/2021

APPENDIX OF OP (FC) 234/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE M.C.NO.5068/2018 OF THE HONOURABLE PRINCIPAL FAMILY COURT, BANGALORE.

EXHIBIT P2 THE TRUE COPY OF THE STATEMENT OF OBJECTIONS AND COUNTER CLAIM DATED 7.2.2020 FILED IN M.C NO.5010/2018 OF 2ND ADDITIONAL FAMILY COURT, BANGALORE.

EXHIBIT P2 A THE TRUE COPY OF THE INTERIM APPLICATION DATED 7.2.2020 FILED BY THE RESPONDENT.

EXHIBIT P3 THE TRUE COPY OF THE MC NO.357/2018 DATED 15/10/2018 OF FAMILY COURT, THALASSERY.

EXHIBIT P4 THE TRUE COPY OF OP NO.196/2019 FOR RETURN OF GOLD ORNAMENTS FILED AT THALASSERY FAMILY COURT DATED 13/3/2019

EXHIBIT P5 THE TRUE COPY OF THE ORDER IN CMP NO.1703/2018 DATED 12.3.2019

EXHIBIT P6 THE TRUE COPY OF THE LETTER FROM THE PANCHAYATH DATED 25.2.2020