Kerala High Court
Rajan Skariah vs Vincy Mathew @ Vincy Rajan on 20 February, 2024
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
&
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
OP (FC) NO. 101 OF 2024
OPDIV 643/2013 OF FAMILY COURT, THIRUVALLA
PETITIONER/PETITIONER IN I.A/PETITIONER IN OP:
RAJAN SKARIAH
AGED 69 YEARS, S/O SKARIAH,
AZHAKATHUMANNIL, PERUMPETTY MURI,
PERUMPETTY VILLAGE, MALLAPPALLY TALUK,
PATHANAMTHITTA DISTRICT., PIN - 689615
BY ADVS.
K.SHAJ
BEENA N.KARTHA
C.IJLAL
POORNIMA RAJAN
ARUN CHAND
BHARAT VIJAY P.
MAJID MUHAMMED K.
MINU VITTORRIA PAULSON
GOPIKA GOPAL
ARCHANA SURESH
ARCHANA P.P.
RESPONDENT/RESPONDENT IN IA/RESPONDENT IN OP:
VINCY MATHEW @ VINCY RAJAN
AGED 64 YEARS, ALSO KNOWN AS
VINCYKUTTY MATHEW, W/O RAJAN SKARIAH,
AZHAKATHUMANNIL, PERUMPETTY MURI,
PERUMPETTY VILLAGE, MALLAPPALLY TALUK,
PATHANAMTHITTA DISTRICT., PIN - 689615
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 14.02.2024, THE COURT ON 20.02.2024, DELIVERED THE
FOLLOWING:
O.P(FC).101/2024
2
JUDGMENT
Dated this the 20th day of February, 2024
C. Pratheep Kumar, J.
This petition is filed by the petitioner in OP.(DIV).No.643 of
2013 on the file of the Family Court, Thiruvalla, against the order in
I.A.No.19/2021, dismissing the above application.
2. The petitioner filed the above O.P under Section 10 (ix) and
(x) of the Indian Divorce Act, 1869, against his wife seeking a
decree for dissolution of marriage. After the evidence of both sides
was closed, the petitioner filed Exhibit P6 application praying for re-
opening his evidence to recall PW4, the Manager, Federal Bank,
Chunkathara Branch to call for some documents. As per Exhibit
P10 order, the Family Court dismissed the above application on the
ground that the same witness was examined much earlier and at that
time, no steps were taken by the petitioner. Aggrieved by the above
order dismissing Exhibit P6 I.A, he preferred this petition.
3. According to the petitioner, he has already produced
Exhibit A29, A31 and A33 documents, which are bank statements of
O.P(FC).101/2024
the Federal Bank, Chunkathara Branch. However those documents
are not certified copies, duly certified as per the provisions of
Bankers' Books Evidence Act. Therefore, the Bank Manager is to be
summoned again and he is to be directed to produce certified copy of
those documents.
4. Exhibit P1 is the copy of the O.P. filed by the petitioner
before the Family Court, which is one for divorce alone under
Section 10 (ix) and (x) of the Indian Divorce Act. As per Exhibit P6,
he wanted to prove Exhibits A29, A31, and A33 to prove that certain
items of property was purchased using his own money. It appears
that at his own instance, the very same Manager (PW4) was already
examined and Exhibits A29, A31 and A33 bank statements were
marked. According to him, those documents are not duly certified
as per the Bankers' Books Evidence Act. The petitioner has not
offered any explanation for not taking any steps well in time, when
PW4 was examined. Since Exhibits A29, A31 and A33 were
already marked, the defect, if any in those documents as pointed out
by the petitioner could be rectified if the petitioner produces duly
certified copy of those documents from the bank, after giving an
O.P(FC).101/2024
application to the Manager concerned. For the said purpose, there is
no necessity to examine PW4 again.
5. In the above circumstances, we do not find any irregularity
or illegality in the impugned order passed by the Family Court.
In the result, this Original Petition (Family Court) is dismissed.
However, It is open to the petitioner to get duly certified copies of
Exhibits A29, A31 and A33 from the Bank concerned and to
produce before the Family Court within a period of ten days from
today.
Sd/-
ANU SIVARAMAN,
JUDGE
Sd/-
C. PRATHEEP KUMAR,
JUDGE
sou.
O.P(FC).101/2024
APPENDIX OF OP (FC) 101/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE ORIGINAL PETITION
FILED BY THE PETITIONER IN O.P (DIV)
NO.643/2013 BEFORE THE FAMILY COURT,
THIRUVALLA.
EXHIBIT P2 THE TRUE COPY OF WRITTEN OBJECTION FILED BY
THE RESPONDENT IN O.P (DIV) NO.643/2013
BEFORE THE FAMILY COURT, THIRUVALLA.
EXHIBIT P3 THE TRUE COPY OF THE ORIGINAL PETITION IN
O.P. NO. 273/2017 FILED BY THE PETITIONER
BEFORE THE FAMILY COURT, THIRUVALLA.
EXHIBIT P4 THE TRUE COPY OF THE WRITTEN OBJECTION
FILED BY THE RESPONDENT AND TWO OTHERS IN
O.P NO. 273/2017 BEFORE THE FAMILY COURT,
THIRUVALLA.
EXHIBIT P5 THE TRUE COPY OF APPLICATION IN I.A NO.
18/2024 IN O.P NO. 273/2017.
EXHIBIT P6 THE TRUE COPY OF APPLICATION I.A NO.
19/2024 IN O.P (DIV) NO.643/2013.
EXHIBIT P7 THE TRUE COPY OF THE OBJECTION DATED
29/01/2024 TO I.A NO. 18/2024 IN O.P NO.
273/2017 FILED BY THE RESPONDENTS BEFORE
THE FAMILY COURT, THIRUVALLA
EXHIBIT P8 THE TRUE COPY OF THE OBJECTION DATED
29/01/2024 TO I.A NO. 19/2024 IN O.P (DIV)
NO.643/2013 FILED BY THE 1ST RESPONDENT
BEFORE THE FAMILY COURT, THIRUVALLA
EXHIBIT P9 THE TRUE COPY OF THE ORDER DATED 30/01/2024
IN I.A NO. 18/2024 IN O.P NO. 273/2017
PASSED BY THE FAMILY COURT, THIRUVALLA
O.P(FC).101/2024
EXHIBIT P10 THE TRUE COPY OF THE ORDER DATED 30/01/2024
IN I.A NO. 19/2024 IN O.P (DIV) NO.643/2013
PASSED BY THE FAMILY COURT, THIRUVALLA
