The Hon'ble High Court of Kerala disposed of a writ petition challenging an order allowing an amendment to a Family Court petition. A two-judge bench dismissed the challenge without determining the merits, holding no interference was warranted under Article 226/227.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.M.JOSEPH
& THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2012/12TH MAGHA 1933
OPFC.No. 371 of 2012 (R)
IA.NO.2831/2011 IN OP.1076/2009 of FAMILY COURT, KOTTAYAM IA.NO.2832/2011 IN OP.987/2010 of FAMILY COURT, KOTTAYAM
PETITIONER(S)/RESPONDENT:
KAVERI S.THAMPI
W/O.RENJITH.P.S,MANIMUTTATHU PUTHENPURA,CHEMBU KARA CHEMBU.P.O,VAIKOM TALUK,KOTTAYAM.
BY ADVS.SRI.P.MARTIN JOSE
SRI.P.PRIJITH SRI.ANEESH JAMES
RESPONDENT(S)/PETITIONERS:
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 01-022012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(F.C.) No.371 OF 2012
A P P E N D I X
Petitioner's Exhibits :
Ext.P1 : TRUE COPY OF MARRIAGE CERTIFICATE ISSUED BY THE ADMINISTRATIVE OFFICER, VAIKOM MAHADEVA TEMPLE DEVASWOM DT. 13.2.2007.
Ext.P2 : TRUE COPY OF MARRIAGE CERTIFICATE ISSUED BY THE THOTTUMUGHOM - KUTTAMASSERI N.S.S. KARAYOGAM DT. 17.1.2007.
Ext.P3 : TRUE COPY OF O.P.(G&W) 1076/2009 FILED BY THE FIRST RESPONDENT BEFORE THE FAMILY COURT, ETTUMANOOR.
Ext.P4 : TRUE COPY OF OBJECTION IN O.P.(G&W) 1076/09 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ETTUMANOOR.
Ext.P5 : TRUE COPY OF O.P.NO.987/2010 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ETTUMANOOR.
EXT.P6 : TRUE COPY OF OBJECTION IN O.P.NO.987/2010 FILED BY RESPONDENTS BEFORE THE FAMILY COURT, ETTUMANOOR.
EXT.P7 : TRUE COPY OF REPLICATION TO THE COUNTER CLAIM TO EXT.P6 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ETTUMANOOR.
EXT.P8 : TRUE COPY OF 10TH STANDARD SCHOOL LEAVING CERTIFICATE OF THE PETITIONER DT. 25.6.1997.
EXT.P9 : TRUE COPY OF PASSPORT OF PETITIONER.
EXT.P10 : TRUE COPY OF I.A.NO.2831/2011 IN O.P.NO.1076/09 FILED BY THE FIRST RESPONDENT BEFORE THE FAMILY COURT, ETTUMANOOR.
EXT.P11 : TRUE COPY OF I.A.NO.2832/11 IN O.P.NO.987/10 FILED BY THE FIRST RESPONDENT BEFORE THE FAMILY COURT, ETTUMANOOR.
EXT.P12 : TRUE COPY OF OBJECTION TO EXT.P10 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ETTUMANOOR.
EXT.P13 : TRUE COPY OF OBJECTION TO EXT.P11 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ETTUMANOOR.
EXT.P14 : TRUE COPY OF COMMON ORDER IN I.A.NO.2831/11 IN O.P.1076/09 & I.A.2832/11 IN O.P.987/10 OF FAMILY COURT, KOTTAYAM
EXT.P15 : TRUE COPY OF CERTIFICATE DT. 25.10.2011 ISSUED FROM N.S.S. KARAYOGAM, CHEMBU.
TGS
(TRUE COPY)
P.S. TO JUDGE.
K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
O.P.(FC) No.371 of 2012
Dated 1st February, 2012.
J U D G M E N T
K.M.Joseph, J.
The challenge raised in this Original Petition, filed under Article 227 of the Constitution of India, is against Ext.P14 order, by which the Family Court allowed an interlocutory application seeking amendment of the Original Petition filed by the respondent.
petitioner.
OP(FC) 371/12
2
was brought up by the mother according to her caste. According to the petitioner, the Family Court erred in concluding that the petitioner belongs to Muslim community. He further invited our attention to paragraph 11 of Ext.P14 order, which according to him, shows that the court below has proceeded on the basis that the records show that petitioner is a Muslim. According to him, it is not correct. Learned Senior counsel however, does not dispute that in cross-examination, the petitioner did admit that she appeared for MunsiffMagistrate Test, showing her religion as Muslim.
OP(FC) 371/12
3
an amendment petition. Necessarily, the Family Court will decide the issue on the basis of the materials which are produced and bearing in mind the principle which it has itself stated that it is not expected to determine the truth or falsity of the allegations when allowing an amendment petition.
Subject to the above observations, the Original Petition is closed.
Sd/-
K.M.JOSEPH, JUDGE.
Sd/-
M.L.JOSEPH FRANCIS, JUDGE.
tgs
(true copy)
Kaveri S. Thampi
Renjith P.S.
Sasikala P.K.
K.M. Joseph
M.L. Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
