Kerala High Court
Shalini vs Lakshmanan on 21 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
O.P.(FC) NO. 569 OF 2022
AGAINST THE ORDER DATED 22.07.2022 IN I.A.NO.1 OF 2022 IN
O.P.NO.219 OF 2021 OF THE FAMILY COURT, KASARAGOD
PETITIONER/S:
SHALINI
AGED 40 YEARS, DAUGHTER OF KUNHIRAMAN,
SOUPARNIKA NILAYAM HOUSE, SREEVALSAM JUNCTION,
PADUKAI P.O, KANHANGAD, KASARAGOD-670314.
BY ADVS.
I.V.PRAMOD
SAIRA SOURAJ P.
RESPONDENTS:
1 LAKSHMANAN
AGED 55 YEARS, SON OF BATTYAN, RESIDING
KOOVATTI, CHOYAMKODE, CHAYOTH P.O, KARINTHALAM
VILLAGE, HOSDURG TALUK, KASARAGOD, PIN- 671314.
2 RAVEENDRAN,
AGED 60 YEARS, SON OF KUNHAMBU PODUVAL,
RESIDING AT RAREERAM, PADNAKKAD RAILWAY GATE,
HOSDURG TALUK, KASARAGOD DISTRICT, PIN- 671314.
BY ADVS.
A.ARUNKUMAR
SIDHARTH NAMBIAR
SACHIN GEORGE ARAMBAN
THIS OP (FAMILY COURT) HAVING COME UP FOR FINAL
HEARING ON 21.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2
O.P.(FC) No.569 of 2022
JUDGMENT
Ajithkumar, J.
The 1st respondent in O.P.No.219 of 2021 on the files of
the Family Court, Kasaragod is the petitioner. The said original
petition was filed by the 1st respondent-husband for a decree
of divorce on the ground of adultery. The Family Court posted
it to be heard at its Camp Sitting at Hosdurg. The petitioner
filed I.A.No.1 of 2022 requesting to hear the matter at
Kasaragod. The Family Court as per Ext.P5 order dated
22.07.2022 dismissed that application. That order is under
challenge in this Original Petition filed under Article 227 of the
Constitution of India.
2. Notice was directed to be served on the respondent
as per the order dated 10.10.2022. The 1st respondent
entered appearance through Counsel.
3. Heard the learned Counsel appearing for the
petitioner and also the learned Counsel appearing for the 1st
respondent.
4. O.P.No.219 of 2021 was filed by the 1st respondent
alleging that the petitioner has been leading an adulterous life
O.P.(FC) No.569 of 2022
with the 2nd respondent. In the wedlock between the
petitioner and the 1st respondent there are two children, who
are now grown up. The petitioner would contend that the 2 nd
respondent is totally a stranger to her and raising totally
incorrect allegations, O.P.No.219 of 2021 was filed. If such a
case is tried by the Family Court at its Camp Sitting at
Hosdurg, which is her native place, that would bring about
shame and disgrace to her and her children. People in and
around Hosdurg are familiar to her. In such circumstances,
she wanted to hold trial of the case at Kasaragod. The Family
Court took the view that an in-camera trial at its Camp Sitting
at Hosdurg will protect the interest of the petitioner and
accordingly dismissed I.A.No.1 of 2022.
5. Holding trial of the case at Kasaragod would be
inconvenient to both for the petitioner and the respondents
since they are natives of places near to Hosdurg. But the
petitioner-wife wants to hold the trial of the case at
Kasaragod. The reason stated are that if the trial is held at
Hosdurg, considering the nature of the allegations levelled
O.P.(FC) No.569 of 2022
against her, she would be put to shame and disgrace among
the people with whom she has acquaintance. Another reason
highlighted is that her children are grown up and since her
chastity is at stake, not only she but also her children would
be put to difficulties and harassment by holding the trial at
Hosdurg. We accept the said contention. The request of the
petitioner can therefore be allowed, of course, by
safeguarding the interest of the respondents.
Accordingly, Ext.P5 order is set aside. Family Court,
Kasaragod is directed to hold the trial of O.P.No.219 of 2021
at Kasaragod. As far as possible, the Family Court shall
conduct the trial day-to-day and shall endeavour, subject to
the convenience of the Court, to conclude examination of a
particular witness the same day. This Original Petition is
disposed of on such terms.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
O.P.(FC) No.569 of 2022
APPENDIX OF OP (FC) 569/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF O.P NO. 219/2021 DATED
6/3/2021 OF THE FAMILY COURT,
KASARAGOD
Exhibit P2 A TRUE COPY OF THE OBJECTION DATED
1/1/2022 IN OP 219/2021 OF THE FAMILY
COURT, KASARAGOD
Exhibit P3 A TRUE COPY OF THE IA 1/2022 IN OP
219/2021 DATED 24/5/2022 OF THE FAMILY
COURT, KASARAGOD
Exhibit P4 A TRUE COPY OF THE OBJECTION DATED
6/7/2022 IN IA 1/2022 IN OP 219/2021
OF THE FAMILY COURT, KASARAGOD
Exhibit P5 TRUE COPY OF THE ORDER PASSED IA NO.
1/2022 IN OP 219/2021 DATED 22/7/2022
OF THE FAMILY COURT, KASARAGOD
