Kerala High Court
Jayesh S. Pillai vs Soumya S. Pillai on 7 May, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
OP(FC)NO.299 OF 2024
AGAINST THE ORDER DATED 05.03.2024 IN OPHMA NO.1020 OF 2021 OF
FAMILY COURT, MAVELIKARA
PETITIONER:
JAYESH S. PILLAI
AGED 38 YEARS
S/O.S.SOMASUNDARAN PILLAI, 'JAYASADAN',
KARAVALOOR P.O., PUNALUR, KOLLAM DISTRICT,
REPRESENTED BY HIS DULY CONSTITUTED POWER OF ATTORNEY
RAHUL K., AGED 39, S/O.KRISHNANKUTTY,
'KRISHNAVILASOM', KURUVIKONAM, AREEPLACHY P.O.,
ANCHAL, KOLLAM DISTRICT, PIN - 691333
BY ADV HAIRA
RESPONDENT:
SOUMYA S. PILLAI
KAMALA BHAVAN, TULAMPARAMBU NORTH,
MANNARASALA P.O., HARIPPAD,
ALAPPUZHA DISTRICT, KERALA, PIN - 695014
BY ADVS.
KISHORE D
MEERA GOPINATH(K/001803/1999.)
R.MURALEEKRISHNAN (MALAKKARA)(K/000583/2008)
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
07.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(FC) NO.299/2024 2
JUDGMENT
Dated this the 07th day of May, 2024
Gopinath.P., J.
This Original Petition is filed challenging Ext.P5 order dated
05.03.2024 allowing an application for amendment of O.P.
(HMA) No.1020 of 2021 before the Family Court, Mavelikara. It
is the case of the petitioner that the petitioner was not heard
before the amendment application filed by the respondent was
allowed.
2. The learned counsel appearing for the respondent
would submit that I.A.No.3 of 2024 was filed on 29.02.2024
and the matter was taken up for consideration on 01.03.2024.
On that day, the matter was adjourned for objections to
05.03.2024. It is submitted that on 05.03.2024, since there
was no appearance for the petitioner and since no objections
were filed, the interlocutory application for amendment was
allowed by the Family Court. It is submitted that in such
circumstances there is no ground made out for interference with
Ext.P5 order.
3. Learned counsel appearing for the petitioner would
submit that the learned counsel appearing for the petitioner
before the Family Court was not keeping well and had entrusted
a colleague to seek adjournment on 05.03.2024. It is submitted
that as per the information given by the colleague of the
counsel for the petitioner before the Family Court, the
interlocutory application had been adjourned to 07.03.2024 and
on 07.03.2024, the petitioner had also filed objections to the
interlocutory application. It is submitted that it was only later
that it was learnt that the interlocutory application had already
been allowed on 05.03.2024.
4. Having heard the learned counsel for the petitioner
and the learned counsel appearing for the respondent, we are of
the view that one opportunity can be granted to the petitioner
to raise objections to the prayer in I.A.No.3 of 2024 in O.P.
(HMA) No.1020 of 2021. We are inclined to take this view on
account of the submission made by the learned counsel for the
petitioner that there was representation for the petitioner on
05.03.2024 and an adjournment had been sought on behalf of
the petitioner on that date.
Therefore, this Original Petition is allowed. Ext.P5 order is
set aside. I.A.No.3 of 2024 in O.P.(HMA) No.1020 of 2021 will
stand restored to the file of the Family Court, Mavelikara. That
court shall pass fresh orders on the above I.A. after affording an
opportunity of hearing to both sides. Since the Original Petition
is stated to be listed for consideration on 09.05.2024, it is
directed that the parties shall appear before the Family Court,
Mavelikara on 09.05.2024 and address the arguments on
I.A.No.3 of 2024 in O.P.(HMA) No.1020 of 2021.
Sd/-
GOPINATH P.
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
csl
APPENDIX OF OP (FC) 299/2024
PETITIONER'S EXHIBITS
Exhibit P 1 TRUE PHOTOSTAT COPY OF THE OP(HMA) NO.1020
OF 2021 FILED BY THE RESPONDENT BEFORE THE
FAMILY COURT, MAVELIKARA DATED 30/7/2021
Exhibit P 2 TRUE PHOTOSTAT COPY OF THE SAID OBJECTION
FILED BY THE PETITIONER IN OP (HMA)
NO.1020 OF 2021 DATED 3/10/2023
Exhibit P 3 TRUE PHOTOSTAT COPY OF I.A.NO. 3 OF 2024
FILED BY THE RESPONDENT IN FAMILY COURT,
MAVELIKARA OPHMA 1020/2021 DATED 1/3/2024
Exhibit P 4 TRUE PHOTOSTAT COPY OF THE SAID OBJECTION
IN I.A.NO.3 OF 2024 FILED BY THE
PETITIONER IN FAMILY COURT MAVELIKARA
OPHMA 1020/2021 DATED 6/3/2024
Exhibit P 5 CERTIFIED COPY OF THE ORDER DATED
05-03-2024 BY THE FAMILY COURT, MAVELIKARA
