The High Court of Kerala dismissed a petition challenging a Family Court order that allowed an application to serve interrogatories on the petitioner in annulment proceedings. The court held no reason to interfere under its supervisory jurisdiction.
The original petition challenging the Family Court order allowing interrogatories is dismissed.
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 A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
OP (FC).No.41 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP 338/2018 OF FAMILY COURT, KANNUR
PETITIONER:
ASHWANI K. NAIR, AGED 30 YEARS, D/O.MINI KARUNAKARAN, RUDRAKSHAM (MINI NIVAS), PADINHATTAMKOVVAL, NEAR NSS AUDITORIUM NILESHWAR, HOSDURG TALUK, KASARAGOD DISTRICT671 314.
BY ADV. SMT.SANDHYA R.NAIR
RESPONDENT:
FENIL C.K., AGED 39 YEARS S/O.K.V.PADMANABHAN, SREEPADMAM, P.O. PERUVALATHPARAMBU, CHEDICHERY, IRIKKUR AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT-670 593.
R1 BY ADV. SRI.V.V.SURENDRAN R1 BY ADV. SRI.P.A.HARISH
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 24-03-2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
..2..
OP (FC).No.41 OF 2021
JUDGMENT
Dated this the 24th day of March 2021
Dr. Kauser Edappagath, J
The petitioner challenges Ext.P5 order passed by the Family Court, Kannur. The respondent herein, who is the husband, filed the original petition for annulling the marriage between him and the petitioner on the ground of suppression of illness of the petitioner. An application has been filed by the respondent to serve interrogatories on the petitioner to elicit certain facts regarding the alleged illness of the petitioner. The said petition was allowed by the Court below as per Ext.P5 order. The said order is under challenge in this original petition.
The fact sought to be elicited through the interrogatories has direct connection with the issued to be decided in the case. Hence, we find no reason to interfere with Ext.P5 order in exercise of the supervisory jurisdiction of this Court under
OP (FC).No.41 OF 2021
Article 227 of the Constitution of India. Accordingly, this original petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
PR
OP (FC).No.41 OF 2021
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT IN OP 338 OF 2018, FAMILY COURT, KANNUR.
EXHIBIT P2 TRUE COPY OF OBJECTION IN OP 338 OF 2018, FAMILY COURT, KANNUR.
EXHIBIT P3 TRUE COPY OF APPLICATION IN I.A.NO.02 OF 2020 IN OP 338 OF 2018, FAMILY COURT, KANNUR.
EXHIBIT P4 TRUE COPY OF OBJECTION IN I.A.NO.02 OF 2020 IN OP 338 OF 2018, FAMILY COURT, KANNUR.
EXHIBIT P5 TRUE COPY OF ORDER DATED 02.12.2020 IN IA NO.02 OF 2020 IN OP 338 OF 2018, FAMLY COURT, KANNUR.
2 issues framed by the court
Whether the High Court should interfere with the Family Court order allowing service of interrogatories on the petitioner regarding alleged illness.
Whether the High Court exercising supervisory jurisdiction can modify the lower court's procedural order in annulment proceedings.
1 provisions across 1 enactments
Ashwani K. Nair
Fenil C.K.
A.Muhammed Mustaque
Dr. Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
