Kerala High Court
Sarath Raj vs Aiswarya D on 7 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
OP (FC) NO. 266 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP 292/2019 OF FAMILY COURT,
CHAVARA
PETITIONERS:
1 SARATH RAJ, AGED 31 YEARS
S/O.RAJAN PILLAI, CHOTHI,
ELAMBA, MUDAKKAL P.O. - 695 103,
MUNDAKKAL VILLAGE, THIRUVANANTHAPURAM.
2 RAJAN PILLAI, AGED 60 YEARS
S/O.KRISHNA PILLAI, CHOTHI,
ELAMBA, MUDAKKAL P.O. - 695 103,
MUNDAKKAL VILLAGE, THIRUVANANTHAPURAM.
3 LATHAKUMARI, AGED 56 YEARS
W/O.RAJAN PILLAI, CHOTHI,
ELAMBA, MUDAKKAL P.O. - 695 103,
MUDAKKAL VILLAGE, THIRUVANANTHAPURAM.
BY ADVS.
R.S.KALKURA
SRI.M.S.KALESH
SRI.HARISH GOPINATH
RESPONDENT:
AISWARYA D., AGED 26 YEARS
W/O.SARATH RAJ, PULIMANA,
CHERUSERIBHAGOM, PANMANA VILLAGE,
KOLLAM DISTRICT - 691 583.
BY ADVS.
G.UNNIKRISHNAN
K.SANEESH KUMAR
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(FC)No.266 of 2021
2
A.MUHAMED MUSTAQUE & MOHAMMED NIAS C.P., JJ
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OP(FC)No.266 of 2021
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Dated this the 7th day of August, 2023
JUDGMENT
A.Muhamed Mustaque.J
The dispute between the husband and wife is pending before
the Family Court, Chavara. The main dispute, which is the subject
matter of this original petition is with regard to the claim made by
the wife for the value of gold ornaments and patrimony. While this
is pending, the wife filed an application to remove the stock of
tiles kept in the petition schedule property. That has been allowed.
Thereafter, an application to review was filed, which has been
dismissed. Challenging this order, the husband has approached
this Court with this original petition.
We note that a stay order has been passed by this Court in
this matter as early as on 9.4.2021. This matter has been pending
since 2020. Now, it is stated at the Bar that the wife has also filed
an application for divorce; which is also pending. Taking note of
the lapse of time, we are of the view that the status quo as of
OP(FC)No.266 of 2021
today shall be maintained and the family court shall try and
dispose of both the cases within a period of two months,
untramelled by any findings in the impugned order.
The original petition is disposed of as above.
Sd/- A.MUHAMED MUSTAQUE, JUDGE
Sd/-MOHAMMED NIAS C.P., JUDGE
dlk 7.8.2023
OP(FC)No.266 of 2021
APPENDIX OF OP (FC) 266/2021
PETITIONERS EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PETITION FILED BY THE
RESPONDENT AS OP NO.292 OF 2019 ON THE FILE OF
THE FAMILY COURT CHAVARA DATED 8/4/2018.
EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED 9/10/2020
SUBMITTED BY THE RESPONDENTS 1 TO 3 IN O.P.292
OF 2019 ON THE FILE OF THE FAMILY COURT,
CHAVARA.
EXHIBIT P3 TRUE COPY OF THE COMMON REPORT DATED 27/4/2019
SUBMITTED BY THE COMMISSIONER APPOINTED BY THE
FAMILY COURT.
EXHIBIT P4 TRUE COPY OF THE COMMISSION REPORT DATED
27/11/2019 ALONG WITH THE VALUATION OF THE
ARTICLES ASSESSED BY THE EXPERT.
EXHIBIT P5 TRUE COPY OF THE OBJECTION 23/06/2020
SUBMITTED BY THE RESPONDENTS TO EXHIBIT P4
COMMISSION REPORT.
EXHIBIT P6 TRUE COPY OF IA 1 OF 2020 IN OP NO.294 OF 2019
DATED 17;/2/2020 ON THE FILE OF THE FAMILY
COURT CHAVARA.
EXHIBIT P7 TRUE COPY OF THE OBJECTION DATED 17/3/2020
FILED BY THE RESPONDENTS TO IA 1 OF 2020 IN OP
292 OF 2019 ON THE FILE OF THE FAMILY COURT
CHAVARA.
EXHIBIT P8 TRUE COPY OF IA 7 OF 2020 DATED 5/8/2020 BY
THE RESPONDENTS IN OP 292 OF 2019 ON THE FILE
OF THE FAMILY COURT CHAVARA.
EXHIBIT P9 TRUE COPY OF THE OBJECTION DATED 14/9/2020
SUBMITTED BY THE PETITIONER TO IA 7 OF 2020
VISION THE IN OP 292 OF 2019 ON THE FILE OF
THE FAMILY COURT, CHAVARA.
EXHIBIT P10 TRUE COPY OF IA 8 OF 2020 IN O.P.NO.292 OF
2019 DATED 23/6/2020 ON THE FILE OF THE FAMILY
OP(FC)No.266 of 2021
COURT CHAVARA.
EXHIBIT P11 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER TO I.A.8 OF 2020 DATED 25/6/2020.
EXHIBIT P12 TRUE COP OF THE COMMON ORDER DATED 9/10/2020
IN I.A.1 OF 2020, IA.7 OF 2020 AND I.A.8 OF
2020 IN O.P.292 OF 2019 ON THE FILE OF THE
FAMILY COURT CHAVARA.
EXHIBIT P13 TRUE COPY OF I.A.13 OF 2020 FILED BY THE
RESPONDENTS DATED 3/11/2020 IN O.P.292 OF 2019
ON THE FILE OF THE FAMILY COURT, CHAVARA.
EXHIBIT P14 TRUE COPY OF THE OBJECTION DATED 11/11/2020 TO
EXHIBIT P11 FILED BY THE PETITIONER.
EXHIBIT P15 TRUE COPY OF THE ORDER DATED 16/11/2020 IN
I.A.13 OF 2020 IN O.P.292 OF 2019 ON THE FILE
OF THE FAMILY COURT CHAVARA.
EXHIBIT P16 TRUE COPY OF THE REVIEW PETITION I.A.NO.14 OF
2020 DATED 3/11/2020 IN O.P.292 OF 2019 ON THE
FILE OF THE FAMILY COURT CHAVARA.
EXHIBIT P17 TRUE COPY OF THE OBJECTION DATED 11/11/2020
FILED BY THE PETITIONER TO EXHIBIT P14.
EXHIBIT P18 TRUE COPY OF THE ORDER DATED 14/12/2020 IN
I.A.14 OF 2020 IN O.P.292 OF 2019 ON THE FILE
OF THE FAMILY COURT CHAVARA.
