Kerala High Court
Tara Laju vs Laju Cherian on 13 November, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
2024:KER:84575
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
OP (FC) NO. 696 OF 2024
ORDER DATED 18.07.2024 IN IA 5/2023 IN OP NO.2235
OF 2019, FAMILY COURT, THIRUVANANTHAPURAM
PETITIONER/PETITIONER:
TARA LAJU, AGED 50 YEARS, D/O ROSY JOHN, 7C,
SARASWATHI NILAYAM APARTMENTS, JAWAHAR NAGAR,
KOWDIAR, THIRUVANANTHAPURAM, PIN - 695003.
BY ADV V.K.REMASMRITHI
RESPONDENT/RESPONDENT:
LAJU CHERIAN, AGED 54 YEARS, S/O P.J CHERAIN,
PALAMATTOM HOUSE, (H) NO.126. GANDHI NAGAR,
ANGAMALY P.O, ERNAKULAM DISTRICT, PIN - 683572.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 13.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP (FC) NO. 696 OF 2024
-2-
JUDGMENT
Devan Ramachandran, J.
Even though the petitioner impugns Ext.P3
order of the learned Family Court,
Thiruvananthapuram - through which her application,
namely I.A.No.5/2023 in O.P.No.2235/2019, has been
dismissed, thus declining her plea for declaration
that the said Original Petition is not maintainable
- it is conceded that the aforementioned I.A. has
been filed nearly four years after the Original
Petition was instituted.
2. It is well settled in law that,
normally, issues relating to maintainability have to
be raised at the first instance; but we do not
propose to speak any further on this because, we
have evaluated Ext.P3, in which, the learned Family
Court has taken the view that the question of
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OP (FC) NO. 696 OF 2024
maintainability in this matter involves questions of
fact and law, and they would require to be decided
as an issue in the trial itself.
3. When one reads Ext.P3, it is luculent
that the dispute between the parties is as regards
an Agreement relied upon by the respondent herein
and which the petitioner says is void, because it
violates Section 25 of the Indian Contract Act. The
specific allegation of the petitioner is that there
is no consideration shown in the Agreement; and that
it is not registered.
4. Obviously, the learned Family Court is
right in saying that the resolution of these
disputes would require evaluation of both facts and
law.
5. That said, we notice that the Original
Petition has been pending before the learned Family
Court for more than five years now. This is,
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therefore, a fit case where the learned Family Court
should decide the Original Petition at the earliest,
particularly because the question of maintainability
has now been raised. We have no doubt that this will
have to be framed as an issue appropriately, if the
parties have raised it in their pleadings, and
decided as per law, without any avoidable delay.
6. In the afore perspective, we decline
to interfere with Ext.P3; but clarify that we have
not entered into the merits of any of the
contentions of the parties, including on the
question of maintainability; and that the learned
Family Court will frame an issue qua the same - if
it has been or is to be raised, in pleadings - and
decide it as per law, untrammelled by the opinion
and holdings in the impugned order.
7. Since the Original Petition has been
pending for more than five years, we further direct
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the learned Family Court, Thiruvananthapuram, to
decide it finally, adverting to our above
observations and directions, as expeditiously as is
possible, but not later than eight months from the
date of receipt of a copy of this judgment.
This Original Petition is thus disposed of.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
akv JUDGE
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OP (FC) NO. 696 OF 2024
APPENDIX OF OP (FC) 696/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE I.A 5 OF 2023 IN O.P
2235/2019 FILED RAISING OBJECTIONS TO
THE MAINTAINABILITY OF THE O.P BY THE
PETITIONER DATED 11/07/2023
EXHIBIT P2 TRUE COPY OF THE O.P 2235/2019 FILED
BY THE RESPONDENT / ORIGINAL
PETITIONER DATED 04/09/2019
EXHIBIT P3 TRUE COPY OF THE ORDER IN IA.NO.
5/2023 IN OP 2235/2019 OF THE FAMILY
COURT, THIRUVANANTHAPURAM DATED
18/07/2023
EXHIBIT P4 TRUE COPY OF THE OBJECTION FILED BY
THE RESPONDENT IN IN IA.NO. 5/2023 IN
OP 2235/2019 OF THE FAMILY COURT,
THIRUVANANTHAPURAM DATED 05/05/2024
EXHIBIT P5 TRUE COPY OF THE OF THE MARITAL
SETTLEMENT AGREEMENT DATED 28/10/2017
EXHIBIT P6 TRUE COPY OF THE JUDGEMENT IN OP
2060/2017 DATED 02/07/2018 OF FAMILY
COURT, THIRUVANANTHAPURAM
