Jayakumar vs Sreelatha
2025 Latest Caselaw 422 Ker

Kerala High Court

Jayakumar vs Sreelatha on 1 July, 2025

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                                             2025:KER:47737

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
                   OP(CRL.) NO. 91 OF 2024
        AGAINST THE ORDER DATED 16.01.2024 IN CRMP NO.20 OF
               2024 OF FAMILY COURT, PALAKKAD

PETITIONER:

           JAYAKUMAR, AGED 39 YEARS
           S/O VISWANATHAN, VALAYACHANMARIL HOUSE, THENUR
           POST MANKARA, PALAKKAD, PIN - 678612


           BY ADV SRI.L.RAJESH NARAYAN


RESPONDENTS:

    1      SREELATHA
           D/O SWAMINATHAN, KIZHAKKE VEEDU, ELANTHAPPADAM,
           KODUVAYUR KARIPODE, CHITTUR, PALAKKAD, PIN -
           678503

    2      ANURAG, S/O JAYAKUMAR,
           KIZHAKKE VEEDU, ELANTHAPPADAM, KODUVAYUR
           KARIPODE, CHITTUR, PALAKKAD PIN - 678503
           REPRESENTED BY MOTHER AND GUARDIAN, SREELATHA,

    3      ABHIRAGH, S/O JAYAKUMAR,
           KIZHAKKE VEEDU, ELANTHAPPADAM, KODUVAYUR
           KARIPODE, CHITTUR, PALAKKAD PIN - 678503
           REPRESENTED BY MOTHER AND GUARDIAN, SREELATHA,
 O.P.(Crl.) No.91 of 2024




                                    ..2..




            BY ADVS.
            SHRI.RAJESH SIVARAMANKUTTY
            SMT.MAYA C.P.
            SHRI.K.V.ANTONY
            SMT.A.P.BEELAMMA
            SMT.VIJINA K.
            SRI.ARUL MURALIDHARAN



      THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
01.07.2025,      THE   COURT   ON    THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(Crl.) No.91 of 2024




                                    ..3..




                   P.V.KUNHIKRISHNAN, J
             -------------------------------------
                   O.P.(Crl.) No.91 of 2024
              --------------------------------------
             Dated this the 01st day of July, 2025

                            JUDGMENT

This original petition is filed seeking the

following reliefs:

"i. Call for the records leading to Exts.P10, P11 and set aside the same;

ii. Allow Exts.P7 and P8 applications; iii. Dispense with production of translation of vernacular documents;

iv. Issue such other orders as this Hon'ble Court deems fit an proper in the facts and circumstances of the case."

2. When this original petition came up for

consideration, this Court directed the Registry to get a

report as to whether M.C.No.153 of 2018 is still pending

before the Family court, Palakkad. The report is

submitted by the Family Court, Palakkad, which is

..4..

extracted hereunder:

"Referring to the above, I may humbly submit that MC 153/2018 is allowed in part on 22.01.2024. In the E-court services, it is reflected as 'case disposed'. When disposal details are entered in CIS, there is only one option to click 'case disposed'. But while going through the 'nature of disposal' the details of the order is seen correctly entered as 'allowed in part'. This may not be the mistake on the part of this court but it is the only provision available in the software. Hence this report is submitted for kind consideration. Copy of the order and print out from the E-court services are attached herewith."

3. In the light of the report, the prayers in the

original petition are infructuous. The counsel for the

petitioner submitted that the petitioner has to challenge

the same. The petitioner can challenge the same in

accordance with law.

With the above observation, the original petition

is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE ds 01.07.2025

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APPENDIX OF OP(CRL.) 91/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PETITION FILED U/S 125(1) CR.P.C DATED 7.6.2018 IN MC NO.153/2018 BEFORE THE HON'BLE FAMILY COURT, PALAKKAD Exhibit P2 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO EXT.P1, IN MC NO.153/2018 BEFORE THE HON'BLE FAMILY COURT, PALAKKAD Exhibit P3 TRUE COPY OF THE ORDER DATED 26.10.2022 IN CMP NO.657/2022 IN MC NO.153/2018 BEFORE THE HON'BLE FAMILY COURT, PALAKKAD Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 19.10.2023 IN OPCRL NO.762/2023 Exhibit P5 TRUE COPY OF THE PROOF AFFIDAVIT FILED BY THE PETITIONERS IN MC NO.158/2018 DATED 27.11.2023 ON THE FILES OF THE HON'BLE FAMILY COURT, PALAKKAD Exhibit P6 TRUE COPY OF THE PROOF AFFIDAVIT FILED BY THE PETITIONER HEREIN IN MC NO.158/2018 ON THE FILES OF THE HON'BLE FAMILY COURT, PALAKKAD Exhibit P7 TRUE COPY OF THE CRL MP NO.20/2024 IN MC NO.153/2018 DATED 8.1.2024 ON THE FILES OF THE HON'BLE FAMILY COURT, PALAKKAD Exhibit P8 TRUE COPY OF CRL MP NO.19/2024 IN MC NO.153/2018 DATED 8.1.2024 ON THE FILES OF THE HON'BLE FAMILY COURT, PALAKKAD

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Exhibit P9 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENTS TO EXT.P7 IN CRL MP NO.20/2024 IN MC NO.153/2018 DATED 8.1.2024 ON THE FILES OF THE HON'BLE FAMILY COURT, PALAKKAD Exhibit P10 TRUE COPY OF THE ORDER DATED 16.1.2024

DATED 8.1.2024 ON THE FILES OF THE HON'BLE FAMILY COURT, PALAKKAD Exhibit P11 TRUE COPY OF THE ORDER DATED 16.1.2024

DATED 8.1.2024 ON THE FILES OF THE HON'BLE FAMILY COURT, PALAKKAD