Jyothy Anthraper vs Tomy Joseph
2024 Latest Caselaw 31218 Ker

Kerala High Court

Jyothy Anthraper vs Tomy Joseph on 1 November, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                   &
              THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
       Friday, the 1st day of November 2024 / 10th Karthika, 1946
                IA.NO.1/2024 IN OP (FC) NO. 433 OF 2024(R)
                OPDIV 2740/2021 OF FAMILY COURT, ERNAKULAM

  APPLICANT/PETITIONER:


         JYOTHY ANTHRAPER, AGED 38 YEARS,   D/O. KURIAN ANTHRAPER,

         ANTHRAPER HOUSE, HOUSE NO. XI/4/E, KARUMALLOOR PANCHAYATH,

         NEAR JYOTHI NIVAS SCHOOL, U.C. COLLEGE P.O., ALUVA,

         ERNAKULAM 683 102.


  RESPONDENT/RESPONDENT:


         TOMY JOSEPH, AGED 44 YEARS,   S/O. LATE JOSEPH JOHN,

         SRAMPICAL HOUSE, KUVEMPU ROAD, SHIMOGA, KARNATAKA - 577 201.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to correct the
accidental clerical mistake/slip/omission in paragraph 2 in page no. 8
of this Hon'ble Court's judgment in O.P.(F.C) 433 of 2024 dated
30/08/2024 as, "an objection to counter claim cannot be entertained
after the prescribed time frame", in place of "a counter claim cannot be
entertained after the prescribed time frame"


     This Application coming on for orders upon perusing the
application and the affidavit filed in support thereof, this Court's
judgment dated 30/08/2024 in OP(FC) 433/2024 and upon hearing the
arguments of SRI.B.G.HARINDRANATH (SR.) along with DR.ABHILASH O.U.,
Advocates for the applicant in IA/petitioner in OP(FC) and of M/S. BOBY
MATHEW & K.MEERA, Advocates for the respondent in IA/OP(FC), the court
passed the following:

                                                             P.T.O.
         DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
     ---------------------------------------------------------------
                           I.A.No.1 of 2024
                                   In
                       O.P(FC) No.433 of 2024
     ---------------------------------------------------------------
             Dated this the 1st day of November, 2024

                               ORDER

Devan Ramachandran, J.

The learned Counsel for the petitioner submits that, in the 8 th

page of the judgment, the submissions of Sri.B.G.Harindranath -

learned Senior Counsel, who appeared at his instructions, had been

wrongly recorded by this Court. He asserted that even though the

learned Senior Counsel argued that the objections to the counter claim

cannot be entertained after the prescribed time frame, this Court has

recorded that "a counter claim cannot be entertained".

2. Sri.Boby Mathew - learned Counsel for the respondent,

however, submitted that a correction at this stage is impermissible

because, the learned Family Court, Ernakulam, has already passed an

order on 23.10.2024, pursuant to the directions of this Court in the

afore judgment.

3. Even when we hear Sri.Boby Mathew on the afore lines, the

fact remains that our judgment cannot contain a wrong record. We are

certain that, therefore, it requires to be corrected; but with a

clarification that unless it is absolutely necessary and unless our

directions have been misread by the learned Family Court, there is no

requirement for it to reconsider or re-evaluate its order already

issued.

In the afore scenario, we allow this I.A and order that, in page

No.8 of the judgment, under the head 'To be spoken to on

05.09.2024", the word "a" in the 3rd line of paragraph 2 will stand

deleted, and in its place "the objections to the" will be substituted.

The Registry will issue the corrected judgment to the parties,

appropriately.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

M.B.SNEHALATHA JUDGE

sp/01/11/2024

01-11-2024 /True Copy/ Assistant Registrar