Sreenath A.S vs Anju Dharmajan
2024 Latest Caselaw 11693 Ker

Kerala High Court

Sreenath A.S vs Anju Dharmajan on 25 April, 2024

Author: V.G.Arun

Bench: V.G.Arun

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE V.G.ARUN
                                  &
          THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946
                    OP (FC) NO. 277 OF 2024
AGAINST    THE   ORDER/JUDGMENT       DATED   02.04.2024   IN   OPGW
NO.3758 OF 2022 OF FAMILY COURT,ERNAKULAM
PETITIONER/PETITIONER/RESPONDENT:

            SREENATH A.S.
            AGED 37 YEARS
            SUBHADRA BHAVAN, MURIAMANGALAM, MAMALA,
            ERNAKULAM, PIN - 682305
            BY ADV ABHILASH S.FRANCIS


RESPONDENT/RESPONDENT/PETITIONER:

            ANJU DHARMAJAN
            AGED 28 YEARS
            KAITHAVANAYIL, PULICKAMALY, ERNAKULAM,
            PIN - 682314
    THIS OP (FAMILY COURT) HAVING COME UP FOR
ADMISSION ON 25.04.2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 O.P.(FC) No.277 of 2024
                                2


                           V.G.ARUN
                                &
                      M.B.SNEHALATHA, JJ.
             ========================
                    O.P.(FC) No.277 of 2024
             =========================
              Dated this the 25th day of April, 2024

                           JUDGMENT

V.G.Arun, J.

The learned counsel for the petitioner submitted that

the children are refusing to go along with the respondent. We

are of the definite opinion that, even if such a situation exists,

that cannot lead to the filing of an original petition of this

nature, especially when the order under challenge is one

passed on agreement. The remedy, if any, of the petitioner is

to approach the Family Court itself.

The original petition is accordingly dismissed, without

prejudice to the petitioner's right to approach the Family

Court. Sd/-

V.G.ARUN, JUDGE

Sd/-

M.B.SNEHALATHA, JUDGE SMF

APPENDIX OF OP (FC) 277/2024

PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE ORDER IN O.P.NO.3758/202 OF THE HON'BLE FAMILY COURT, ERNAKULAM DATED 31.03.2023 EXHIBIT-P2 TRUE COPY OF THE PETITION (I.A.NO.3/2024 IN O.P. 3758/2022) FILED BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM DATED 15.02.2024 EXHIBIT-P3 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN I.A.NO.3/2024 DATED 31.03.2024 EXHIBIT -P4 TRUE COPY OF THE I.A.NO.6/2024 IN O.P.NO.3758/2022 DATED 01.04.2024 EXHIBIT-P5 CERTIFIED COPY OF THE ORDER IN I.A.NO.3/2024 IN O.P.NO.3758/2022 DATED 02.04.2024