Kerala High Court
Sreelal vs Rakhi on 22 April, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
OP (FC) NO. 252 OF 2025 1 2025:KER:32848
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
TUESDAY, THE 22ND DAY OF APRIL 2025 / 2ND VAISAKHA, 1947
OP (FC) NO. 252 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 26.09.2024 IN OP(OTHERS)
NO.1594 OF 2023 OF FAMILY COURT, PARAVOOR
PETITIONER/RESPONDENTS:
1 SREELAL
AGED 51 YEARS
S/O. LATE SADASIVAN, SAKSHARA, VALIYAPANDARAZHIKOM,
UDAYAMARTHANDAPURAM CHERRY, MUNDAKKAL VILLAGE, KOLLAM,
PIN - 691010
2 RETNAMMA
AGED 77 YEARS
W/O. LATE SADASIVAN. SAKSHARA, VALIYAPANDARAZHIKOM,
UDAYAMARTHANDAPURAM CHERRY, MUNDAKKAL VILLAGE, KOLLAM,
PIN - 691010
3 SANTHOSH
AGED 59 YEARS
S/O. LATE SADASIVAN SAKSHARA, VALIYAPANDARAZHIKOM,
UDAYAMARTHANDAPURAM CHERRY, MUNDAKKAL VILLAGE, KOLLAM,
PIN - 691010
BY ADVS.
PIRAPPANCODE V.S.SUDHIR
AKASH S.
OP (FC) NO. 252 OF 2025 2 2025:KER:32848
GIRISH KUMAR M S
RICHU THERESA ROBERT
RAJALAKSHMI.R.
RADHIKA SUDHEER
SRIVIDYA K
RESPONDENTS/PETITIONER AND 4TH RESPONDENT:
1 RAKHI
D/O.SASIDHARAN VARAYIL VEEDU, THEKKUMKARA, PULLICHIRA
P.O, MAYYANADU VILLAGE, KOLLAM., PIN - 691304
2 GURULAL
S/O. LATE SADASIVAN SAKSHARA, VALIYAPANDARAZHIKOM,
UDAYAMARTHANDAPURAM CHERRY, MUNDAKKAL VILLAGE, KOLLAM,
PIN - 691010
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
22.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC) NO. 252 OF 2025 3 2025:KER:32848
JUDGMENT
The petitioners challenge Ext.P16 order of the learned Family
Court, South Paravur, which has found that OP(Others) No.1594/2023
filed by the 1st respondent herein, is maintainable before it.
2. Sri.Pirappancode V.S.Sudheer - learned counsel for the
petitioners, argued that Ext.P16 is illegal because it has entered into
an affirmative conclusion that OP(Others) No.1594/2023 is
maintainable, without properly adverting to his client's contentions.
Though Sri.Pirappancode V.S.Sudheer was vehement in his afore
submission, he was however, unable to inform us on which application
Ext.P16 order has been issued; explaining that, in fact, the cause title
of the said order is in error since it shows the 1 st respondent as the
petitioner. He pointed out that the cause title appears to be that as
shown in the Original Petition, but could not inform us if his clients had
moved a separate application against the maintainability of the said
original petition, or if this was an objection raised by them in their
counter/written statement.
3. We have examined Ext.P6, and as rightly shown by
Sri.Pirappancode V.S.Sudheer, its cause title appears to be that as
OP (FC) NO. 252 OF 2025 4 2025:KER:32848
available in the Original Petition; and further, there is no mention of
any application having been preferred by the petitioners herein
against its maintainability.
4. Be that as it may, the question of maintainability appears to
have been urged by the petitioners herein, in their counter statement
filed against the original petition. Further, certain events appear to
have happened during the pendency of the Original Petition, which are
enumerated in the impugned order; and we are, therefore of the firm
view that the contest of maintainability is one that ought to be
decided after trial, especially when such, prima facie, seems to have
been impelled in the counter/written statement only. In such view,
there was no requirement for the learned Family Court to have issued
Exhibit P16 order at this stage.
5. We are sure that if the petitioners have raised the question
of maintainability in their pleadings, a point for determination would
have to be drawn up qua such, to be finally decided after the trial.
6. When we are persuaded to the above view, the opinion of
the learned Family Court in Ext.P16 requires to be clarified as being
only prima facie or preliminary in nature, with the issue of
maintainability of the Origin Petition - if urged in the pleadings - to be
OP (FC) NO. 252 OF 2025 5 2025:KER:32848
decided by it after trial.
In the afore circumstances, we order that the learned Family
Court will decide the question of maintainability of OP(Others)
No.1594/2023 - if it all has been raised by the petitioners in their
pleadings - in terms of law, without being influenced, trammeled or
fettered by its opinion in the impugned order and based on the
evidence and the materials to be placed on record by the parties
during trial.
This Original Petition is thus disposed of.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
P. V. BALAKRISHNAN
JUDGE
ska
OP (FC) NO. 252 OF 2025 6 2025:KER:32848
APPENDIX OF OP (FC) 252/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT IN O.S.251/2007 OF
THE FAMILY COURT, KOLLAM, FILED BY THE 1ST
RESPONDENT HEREIN.
Exhibit P2 TRUE COPY OF THE RECEIPT DATED 27.07.2007
ISSUED BY THE FATHER OF THE RESPONDENT
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 18.01.2010
IN O.S.251/2007 OF THE FAMILY COURT, KOLLAM
Exhibit P4 TRUE COPY OF THE ORDER DATED 18.06.2010 OF
THE FAMILY COURT, KOLLAM IN I.A.NO.455/2010
Exhibit P5 TRUE COPY OF THE ORDER DATED 21.10.2013 IN
O.S.251/2007 OF THE FAMILY COURT, KOLLAM
Exhibit P6 TRUE COPY OF THE ORDER DATED 24.06.2014 IN
Exhibit P7 TRUE COPY OF THE ORDER DATED 24.06.2014 IN
Exhibit P8 TRUE COPY OF THE ORDER DATED 27.06.2015 IN
I.A.1634/2014 IN O.S.NO.251/2007 OF THE
FAMILY COURT, KOLLAM
Exhibit P9 TRUE COPY OF THE I.A.540/2016 IN
O.S.251/2007 SEEKING TO CONDONE THE DELAY
OF 233 DAYS IN FILING I.A.541/2016
Exhibit P10 TRUE COPY OF THE I.A. NO.541/2016 DATED
17.03.2016 IN O.S.251/2007 ALONG WITH THE
AFFIDAVIT, FILED IN SUPPORT OF THE SAME,
SEEKING TO RESTORE I.A.1634/2014
Exhibit P11 TRUE COPY OF THE ORDER DATED 16.08.2022 IN
OP (FC) NO. 252 OF 2025 7 2025:KER:32848
I.A.NO.540/2016 IN O.S.251/2007 OF THE
FAMILY COURT, KOLLAM
Exhibit P12 TRUE COPY OF THE ORDER DATED 16.08.2022 IN
I.A.NO.541/2016 IN O.S.251/2007 OF THE
FAMILY COURT, KOLLAM
Exhibit P13 TRUE COPY OF THE O.P.NO.1594/2023 ON THE
FILE OF THE FAMILY COURT, PARAVUR
Exhibit P14 TRUE COPY OF THE OBJECTION OF THE
PETITIONERS DATED 28.10.2024 TO EXT.P13
ORIGINAL PETITION
Exhibit P15 TRUE COPY OF THE REPLICATION IN O.P.
Exhibit P16 TRUE COPY OF THE ORDER DATED 26.09.2024 IN
O.P(OTHERS) 1594/2023 OF THE FAMILY COURT,
SOUTH PARAVUR
