Saran S.M vs Krishendhu
2023 Latest Caselaw 5303 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
                                         &
             THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
     TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945
                            OP (FC) NO. 211 OF 2023
             OP 2028/2023 OF FAMILY COURT, NEYYATTINKARA
PETITIONER/ PETITIONER :

            SARAN S.M.,
            AGED 30 YEARS,
            S/O. MOHANKUMAR, RESIDING AT S.K. BHAVAN,
            KOTTAAMAM, PARASUVAKKAL P.O.,
            PAARASALA, PIN - 695 508

            BY ADV LATHEESH SEBASTIAN



RESPONDENTS/ RESPONDENTS :

    1       KRISHENDHU,
            AGED 30 YEARS,
            D/O. KRISHNAKUMARI, SANKARAMANDIRAM,
            AADUMANKAD, PARASUVAKKAL P.O., NEYYATTINKARA,
            PIN - 695 508

    2       PRAVEEN BALACHANDRAN,
            S/O. R. BALACHANDRAN NAIR,
            PP - VII/469-B, MUKKUNADA, NARUVAMOODU P.O.,
            THIRUVANANTHAPURAM, PIN - 695 528




     THIS   OP    (FAMILY    COURT)    HAVING   COME   UP   FOR   ADMISSION   ON
25.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC) NO. 211 OF 2023
                                  2




                      BECHU KURIAN THOMAS
                                    &
                    Dr. KAUSER EDAPPAGATH, JJ.
                    =-=-=-=-=-=-=-=-=-=-=-=-=-=
                        O.P.(F.C) No.211 of 2023
                   =-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                  Dated this the 25th day of April, 2023


                               JUDGMENT

Bechu Kurian Thomas, J.

Petitioner claims to be the husband of the first respondent.

Ext.P1 is produced in support of the contention that the petitioner

had married the first respondent. It is also alleged that the

marriage is subsisting and that during the subsistence of the said

marriage, first respondent is attempting to contract another

marriage with the 2nd respondent. On the above factual allegations,

petitioner seeks for an injunction restraining the first respondent

from marrying the 2nd respondent during the subsistence of the

valid marriage.

2. During the course of arguments, it was submitted that the

petitioner has already approached the Family Court, Neyyattinkara

through I.A.No.1/2023 in O.P.No.2028/2023 seeking the same

relief.

OP (FC) NO. 211 OF 2023

3. Since the petitioner has already approached the Family

Court seeking an identical relief, we are not inclined to entertain

this original petition.

Hence this original petition is dismissed.

Sd/-

BECHU KURIAN THOMAS, JUDGE

Sd/-

Dr. KAUSER EDAPPAGATH, JUDGE

RKM OP (FC) NO. 211 OF 2023

APPENDIX OF OP (FC) 211/2023

PETITIONER'S EXHIBITS :

ExhibitP1 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 8-9-2020 OF THE PETITIONER AND 1ST RESPONDENT

ExhibitP2 TRUE COPY OF THE M.C. NO. 3/2021 BEFORE THE JFCM COURT, NEYYATTINKARA

ExhibitP3 TRUE COPY OF THE WEDDING INVITATION LETTER MADE BY THE 1ST AND THE 2ND RESPONDENTS

ExhibitP4 TRUE COPY OF THE ORIGINAL PETITION OP NO.

2028/2023 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, NEYYATTINKARA

ExhibitP5 TRUE COPY OF I.A. NO. 1/2023 IN OP NO.

2028/2023 BEFORE THE FAMILY COURT, NEYYATTINKARA