Rakhi vs Krishna Kumar
2026 Latest Caselaw 2829 Ker

Kerala High Court

Rakhi vs Krishna Kumar on 17 April, 2026

                                                           2026:KER:33038
O.P (FC) No.256/2026                 -1-

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                  THE HONOURABLE MR. JUSTICE GOPINATH P.

                                     &

                  THE HONOURABLE MR. JUSTICE JOHNSON JOHN

          FRIDAY, THE 17TH DAY OF APRIL 2026 / 27TH CHAITHRA, 1948

                          OP (FC) NO. 256 OF 2026

       AGAINST THE ORDER/JUDGMENT DATED 02.02.2026 IN OP NO.28 OF
                  2023 OF FAMILY COURT, PARAVOOR
PETITIONER/S:

               RAKHI
               AGED 42 YEARS
               RESIDING AT SREEKAILASAM, PLAKKAD CHERRY,
               ADICHANALLOOR VILLAGE, KOLLAM, PIN - 691573

               BY ADVS.
               SRI.JOHNSON GOMEZ
               SRI.SANJAY JOHNSON
               SHRI.SANJITH JOHNSON
               SHRI.ARUN JOHNY
               SHRI.ABIN JACOB MATHEW
               SMT.DEEBU R.

RESPONDENT/S:

      1        KRISHNA KUMAR
               AGED 50 YEARS
               SYAMALA MANDIRAM, NORTH MYLAKKADU,
               ADICHANALLOOR VILLAGE, KOLLAM, PIN - 691573

      2        GOPAKUMAR
               AGED 48 YEARS
               SYAMALA MANDIRAM, VADAKKEMYLAKKADU,
               MYLAKKAD P.O., KOLLAM, PIN - 691573

     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION              ON
08.04.2026, THE COURT ON 17.04.2026 DELIVERED THE FOLLOWING:
                                                                   2026:KER:33038
O.P (FC) No.256/2026                     -2-

                                 JUDGMENT

Gopinath, J.

The petitioner has approached this court, being aggrieved by Ext.P4

order through which it has been directed that O.P (Others) 28/2023, claim

petition numbered as I.A. No.1/2021 in O.P (Others) 28/2023 and O.P

864/2023 (all pending on the files of the Family Court, South Paravur) need

not be tried jointly as there is no order for such joint trial.

2. The learned counsel appearing for the petitioner would submit

that though the petitioner had requested to continue the proceedings in the

claim petition referred to above, together with O.P (Others) 28/2023, such a

request filed as I.A. No 2/2025 was rejected by Ext.P4 order on the ground

that there is no order for joint trial. It is submitted that thereafter the

petitioner has preferred Ext.P5 petition requesting a joint trial, explaining the

circumstances in which the petitioner prays that the matters be tried jointly.

He submits that he will be satisfied if a direction is issued to the Family Court,

South Paravur, to consider and pass orders on Ext.P5 application (I.A.

No.2/2026) in O.P (Others) 28/2023 on the file of that court.

3. Despite service of notice, there is no appearance for respondents 1

and 2.

4. Having heard the learned counsel for the petitioner, we are of the 2026:KER:33038

opinion that this original petition can be disposed of by directing the Family

Court, South Paravur, to consider and pass orders on Ext.P5 in accordance

with the law after affording an opportunity of hearing to both sides within a

period of one month from the date of receipt of a certified copy of this

judgment. We make it clear that we have not expressed any opinion on the

merits of the prayers in I.A No.2/2026 in O.P (Others) 28/2023, and the

Family Court may consider the prayers in the said interlocutory application

on merits untrammelled by any observation contained in this judgment. We

are inclined to issue this direction, taking into consideration the submission

of the learned counsel for the petitioner that Ext.P.4 order was passed only

because no earlier petition had been filed praying for a joint trial and no

earlier orders had been issued by the Court directing a joint trial. Further

proceedings in O.P (Others) 28/2023 shall be continued only after

pronouncing orders on I.A No.2/2026 as directed above.

Original petition is disposed of accordingly.

Sd/-

GOPINATH P. JUDGE

Sd/-

JOHNSON JOHN JUDGE AMG 2026:KER:33038

APPENDIX OF OP (FC) NO. 256 OF 2026

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE CLAIM PETITION HAVING IA NO. 1 OF 2021 IN OP NO. 1249/2017 BEFORE THE FAMILY COURT, KOLLAM Exhibit P2 A TRUE COPY OF THE OP ORIGINALLY FILED BEFORE FAMILY COURT, KOLLAM WHICH WAS SUBSEQUENTLY TRANSFERED AND RENUMBERED AS OP NO. 864 OF 2023 ON THE FILES OF FAMILY COURT, PARAVUR Exhibit P3 A TRUE COPY OF IA NO. 2 OF 2025 IN OP(OTHERS) NO. 28 OF 2023 ON THE FILES OF FAMILY COURT, PARAVUR, FILED BY THE PETITIONER Exhibit P4 A TRUE COPY OF THE ORDER OF FAMILY COURT, SOUTH PARAVUR, DATED 02.02.2026 IN IA NO.

Exhibit P5 A TRUE COPY OF I.A. NO. 02 OF 2026 IN O.P. (OTHERS) NO. 28 OF 2023 ON THE FILES OF HON'BLE FAMILY COURT, SOUTH PARAVUR