Partly allowed

Surendran v. Lakshmi

Kerala HC20 Mar 2018OP (FC)/664/2017

Case brief

AI extract

What is this about?

The High Court, overturning the Family Court's refusal, directed that documents proving or leading to the plaintiff's better position be sent for expert comparison by the Regional Forensic Laboratory, Thiruvananthapuram, to determine the signature in the disputed agreement.

What did the court decide?

Modified the impugned order to direct the Family Court to forward documents to the Regional Forensic Laboratory, Thiruvananthapuram for expert comparison of signature.

Surendran Vs Lakshmi — Service and Employment | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH TUESDAY, THE 20TH DAY OF MARCH 2018 / 29TH PHALGUNA, 1939

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OP (FC).No. 664 of 2017

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AGAINST THE ORDER IN IA NO. 3231/2017 IN OP NO. 142/2012 OF FAMILY COURT, IRINJALAKUDA DATED 23.10.2017

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PETITIONER

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SURENDRAN, S/O. PARAMBIKATTIL NARAYANAN, AGED 66, VELLANCHIRA DESOM, ALOOR VILLAGE, MUKUNDAPURAM TALUK.

¶7

BY ADV.SRI.T.N.MANOJ

¶8

RESPONDENT

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LAKSHMI, W/O. RAKESH, D/O. THADATHIL LALITHAMBIKA, METHALA VILLAGE & DESOM, KODUNGALLUR TALUK.

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BY ADV. SRI.M.SHAJU PURUSHOTHAMAN BY ADV. SRI.K.S.RAJESH

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THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 20-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (FC).No. 664 of 2017 (R)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT	P1. TRUE COPY OF OP 142/2012 ON THE FILES OF THE FAMILY COURT IRINJALAKKUDA.
EXHIBIT	P2. TRUE COPY OF OBJECTION FILED BY THE PETITIONER TO OP 142/2012 BEFORE THE FAMILY COURT IRINJALAKUDA.
EXHIBIT	P3. TRUE COPY OF REPLY NOTICE SEND BY THE PETITIONER.
EXHIBIT	P4. TRUE COPY OF PETITION IN IA 2319/2014 IN OP 142/2012 ON THE FILES OF THE FAMILY COURT IRINJALAKKUDA.
EXHIBIT	P5. TRUE COPY OF THE JUDGMENT IN OP(FC)5/2015 OF THIS HONORABLE COURT.
EXHIBIT	P6. TRUE COPY OF OBJECTION FILED BY THE RESPONDENT.
EXHIBIT	P7. TRUE COPY OF THE PETITION IN IA 3231/2017 IN OP 142/2012 ON THE FILES OF THE FAMILY COURT IRINJALAKKUDA.
EXHIBIT	P8. TRUE COPY OF THE ORDER IN IA 3231/2017 IN OP 142/2012 BY THE FAMILY COURT IRINJALAKKUDA.

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RESPONDENTS EXHIBITS : NIL

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/TRUE COPY/

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P.A. TO JUDGE.

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V. CHITAMBARESH & K.P. JYOTHINDRANATH, JJ.

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OP(FC) No. 664 of 2017

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Dated this the 20^th day of March, 2018

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JUDGMENT

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Chitambaresh, J.

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The Regional Forensic Laboratory, Thrissur has returned the documents received for expert examination on the premise that contemporaneous documents would be advantageous. The necessity to have an expert opinion about the signature contained in the disputed agreement has already been upheld in the judgment in OP(FC) No. 5/2015.

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Interest of justice would be met by directing that the available documents be sent for expert comparison by the Regional Forensic Laboratory, Thiruvananthapuram. The court below shall forward the documents to the said laboratory forthwith as agreed to by the counsel for both sides.

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The impugned order in I.A. 3231/2017 in O.P. No. 142/2012 on the file of the Family Court, Irinjalakuda is modified accordingly.

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The Original Petition is disposed of.

¶28

V. CHITAMBARESH JUDGE

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K.P. JYOTHINDRANATH

¶30

JUDGE

¶31

ncd

Surendran v. Lakshmi

Case brief

What is this about?

What did the court decide?

Surendran v. Lakshmi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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