Dismissed

P.H.Majeed v. P.a.Shyla

Kerala HC11 Oct 2012OP (FC)/3362/2012

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a petition under Section 227 CPC challenging the Family Court's dismissal of an application for a DNA paternity test. The Court found no infirmity in the lower court's order and declined jurisdiction, allowing the petitioner to reapply if the prior paternity decision is vacated.

What did the court decide?

The petition was dismissed; the petitioner was permitted to move the Family Court again for the DNA test if the earlier paternity judgment is vacated.

P.H.Majeed Vs P.a.Shyla — Pension and Retirement Benefits | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE

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THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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THURSDAY, THE 11TH DAY OF OCTOBER 2012/19TH ASWINA 1934

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OP (FC).No. 3362 of 2012 (R)

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---------------------------OP NO.1221/2010 OF FAMILY COURT, THRISSUR

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PETITIONER(S):

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P.H.MAJEED, AGED 49 YEARS, S/O HAMZA, PANIKKAVEETTIL HOUSE, PONJANAM DESOM, KATTOOR, VILLAGE, MUKUNDAPURAM TALUK, TRISSUR.

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BY ADV. SRI.K.P.MADHU

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RESPONDENT(S):

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1. P.A.SHYLA, AGED ABOUT 43 YEARS, D/O ABDUL RASAQ, POKKAKKILLTH HOUSE, PONJANAM DESOM, KATTOOR VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT, NOW RESIDING AT POKKAKKILATH HOUSE, IN FRONT OF GOVT.HOSPITAL,

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KATTOOR, KATTOOR P.O., PIN-680702, TRISSUR.

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2. P.M.SHEMEENA, AGED 23 YEARS, D/O P.H.MAJEED, -DO-

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3. P.M.MANEESHA, AGED 19 YEARS, D/O P.H.MAJEED, -DO-

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4. MINOR P.M.SHANIJA, AGED 11 YEARS, D/O P.A.SHYLA, -DO-

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 11-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BKA

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OP (FC).No. 3362 of 2012 (R)

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APPENDIX

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PETITIONER'(S) EXHIBITS:

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EXT.P1 COPY OF THE OP NO.1221/2010 PENDING BEFORE THE FAMILY COURT, THRISSUR. EXT .P2 COPY OF THE ORDER DATED 23.02.2012 IN IA NO.4249/2011 IN OP NO.1221/2010 OF THE FAMILY COURT, THRISSUR.

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RESPONDENT'(S) EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE

BKA

PIUS C. KURIAKOSE &

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BABU MATHEW P. JOSEPH, JJ. -----------------------------------------OP (FC) No. 3362 OF 2012

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Dated this the 11^th day of October, 2012

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J U D G M E N T

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Pius C. Kuriakose, J.

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Under challenge in this original petition filed under Section 227 is Ext.P2 order passed by the Family Court, Thrissur.

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By Ext.P2, the learned Family Court has dismissed IA No:4249/2011. The above IA was filed by the petitioner, husband of the 1^st respondent, for a direction for allowing him to have DNA test conducted for determining the issue of the paternity of the 4^th respondent, a minor girl by name Shanija, aged 11 years. The learned Family Court, under Ext.P2, has noticed the decision already taken by the Court in OP No.189/2002, wherein the question of paternity of the 4^th respondent has been decided against the petitioner. According to the court below, it is not proper to allow a

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..2..

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OP (FC) No. 3362 OF 2012

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party to raise the same contention again.

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We do not find any infirmity about Ext.P2, which will appeal to the visitorial jurisdiction of this Court under Article 227. We decline jurisdiction and dismiss this petition.

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However, if for any reason the finding already entered in OP No.189/2002 regarding the paternity of the 4^th respondent is vacated in Mat. Appeal No:49/2010, the petitioner should be permitted to move the Family Court again for relief, which he had sought for in IA No.4249/2011 subject to the directions which may be passed by this Court in judgment in Mat. Appeal No.49/2010.

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Sd/-

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PIUS C. KURIAKOSE, JUDGE

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Sd/- BABU MATHEW P. JOSEPH, JUDGE

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bka/-

P.H.Majeed v. P.a.Shyla

Case brief

What is this about?

What did the court decide?

P.H.Majeed v. P.a.Shyla

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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