Neslin Nazar. M.A vs Salnaz Salim Raj
2023 Latest Caselaw 5891 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE
                             &
          THE HONOURABLE MRS.JUSTICE SOPHY THOMAS
  WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                   OP (FC) NO.93 OF 2023
 AGAINST THE ORDER DATED 11/01/2023 IN I.A.NO.7328/2022 &
   I.A.NO.7329/2022 IN O.P.NO.561/2016 OF FAMILY COURT,
                         ERNAKULAM
                          --------
PETITIONER/PETITIONER IN I.A.'S/PETITIONER IN OP:

         NESLIN NAZAR. M.A., AGED 28 YEARS,
         D/O.ABDUL NAZAR, MOKKATH HOUSE, ULIYANNOOR.P.O.,
         ALUVA, ERNAKULAM DISTRICT, PIN - 683108.
         BY ADVS.
         C.S.AJITH PRAKASH
         T.K.DEVARAJAN
         FRANKLIN ARACKAL


RESPONDENTS/RESPONDENTS IN I.A.'S/RESPONDENTS IN OP:

    1    SALNAZ SALIM RAJ, AGED 37 YEARS,
         S/O.SALIM, CHOOLAKADAVIL HOUSE, MADAVANA.P.O.,
         KODUNGALOORE, TRISSUR DT. PRESENTLY WORKING AT
         AKBAR TRAVELS OF INDIA, AL JABERBUILDING,
         NEAR LULU CENTER AL MUNTASIRROAD,
         P.O BOX-12934, AL NAKHEEL-RAS,
         AL KHAIMAH, UAE, PIN - 680666.
    2    SALIM RAJ, AGED 68 YEARS,
         S/O.KUNJUMOIDEEN, CHOOLAKADAVIL HOUSE,
         MADAVANA.P.O, KODUNGALOORE,TRISSUR DT.,
         PIN - 680666.
         BY ADVS.
         C.Y. VINOD KUMAR
         SHERIN A.RAHIM(K/161/2011)


THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(FC) No.93/2023                     2




                               JUDGMENT

A.Muhamed Mustaque, J.

This original petition is filed by the

petitioner in O.P.No.561/2016 on the file of the

Family Court, Ernakulam, aggrieved by the

dismissal of the application to reopen the

evidence and examine further witnesses. The

Family Court dismissed the application, noting

that after the petitioner's evidence, the

respondents had also adduced evidence and

therefore, the application cannot be allowed.

2. The learned counsel for the petitioner

submits that an amendment petition filed by the

respondents to amend the written statement and the

counterclaim was allowed and therefore, further

evidence is necessary in this matter.

3. It is seen from the impugned order itself

that the amendment was a formal amendment to

incorporate the prayer and all amendments were in

tune with the pleadings in the written statement

and the counterclaim. We are not interfering in

this matter at this stage now. If the petitioner

is finally aggrieved by the outcome of the

original petition, the petitioner is also

permitted to challenge the impugned order along

with the final order.

With liberty as above, the original petition

is dismissed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE ln

APPENDIX OF OP (FC)NO.93/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE OP 561/2016 DATED 16/3/2016 FILED BEFORE THE HON'BLE FAMILY COURT.

EXHIBIT P2 A TRUE COPY OF THE WRITTEN STATEMENT + COUNTER CLAIM DATED 30/04/2018 FILED BY THE RESPONDENTS IN OP 561/2016 ON THE FILE FAMILY COURT, ERNAKULAM. EXHIBIT P3 A TRUE COPY OF THE IA NO.4196/2021 IN OP NO.561/2016 DATED 18/09/2021. EXHIBIT P4 A TRUE COPY OF THE COUNTER AFFIDAVIT TO EXHIBIT P3 IA DATED 11/10/2021 FILED BY THE PETITIONER.

EXHIBIT P5 A TRUE COPY OF THE OP (FC) 624/2021 DATED 13/12/2021 WITHOUT EXHIBITS. EXHIBIT P6 A TRUE COPY OF THE IA 7328/2022 IN OP NO.561/2016 DATED 20/10/2022 FILED BY THE PETITIONER TO RE-OPEN THE EVIDENCE. EXHIBIT P7 A TRUE COPY OF THE IA 7329/2022 IN OP NO.561/2016 DATED 20/10/2022 FILED BY THE PETITIONER TO SUMMON THE WITNESS. EXHIBIT P8 THE TRUE COPY OF THE OBJECTION DATED 01/11/2022 FILED BY THE RESPONDENT TO EXHIBIT P7, I A NO.7328/2022. EXHIBIT P9 A TRUE COPY OF THE ORDER IN IA NO.

7328/2022 DATED 11/01/2022 OF HON'BLE FAMILY COURT, ERNAKULAM.

EXHIBIT P10 A TRUE COPY OF THE ORDER IN IA NO.

7329/2022 DATED 11/01/2022 OF HON'BLE FAMILY COURT, ERNAKULAM.