Single Judge dismissed an Original Petition challenging the Family Court's order allowing an amendment to the Respondent's suit for recovery of gold ornaments, holding interference under Article 227 unjustified and granting leave for additional pleadings.
Original petition dismissed; petitioner granted two weeks to file additional counter pleadings.
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 DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
OP (FC) NO. 431 OF 2021
AGAINST THE ORDER DATED 5.7.2021 IN IA NO.1/2021 IN OP 1225/2016 OF FAMILY COURT, KOLLAM
PETITIONER/RESPONDENT:
ANILKUMAR KURUP,AGED 49 YEARS S/O. KUNJU PILLAI, CHITTITHARA VEEDU, ULIYANADU CHERY, KARAMCODU P.O. CHIRIKKARA VILLAGE, KOLLAM.
BY ADVS. R.MOHANA BABU M.AJITH (KARICODE)
RESPONDENT/PETITIONER:
SUMA ANIL, AGED 39 YEARS W/O. ANILKUMAR KURUP, CHITTITHARA VEEDU, ULIYANADU CHERY, KARAMCODU P.O., CHIRIKKARA VILLAGE, KOLLAM 691 578.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC).No.431/2021
-:2:-
J U D G M E N T
Dated this the 1st day of September, 2021
A.Muhamed Mustaque,J.
This Original Petition is filed impugning the order dated 5.7.2021 in
I.A.No. 1/2021 in OP No.1225/2016 to amend the Original petition before
the Family Court, Kollam. The main petition is filed by the respondent for
recovery of gold ornaments. In that case, certain amendments were
proposed. The application for amendment has been allowed. According to
the petitioner herein, the same has been filed only to harass him. There is
no valid marriage between the petitioner and the respondent.
has been passed by the Family Court Judge. Having gone through the order,
we find that it will not affect the petitioner in any manner. The proposed
O.P.(FC).No.431/2021
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amendment was incorporation of Schedule and certain dates related to the
entrustment of gold ornaments. We may not be justified in interfering with
such an order invoking our power under Article 227 of the Constitution of
India. The original petition is dismissed.
However, the petitioner is given an opportunity to raise additional
counter pleadings in the matter within two weeks from today.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
True copy
P.A. To Judge
O.P.(FC).No.431/2021
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APPENDIX OF OP (FC) 431/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PETITION NO. OP 1225/2016of FAMILY COURT, KOLLAM. EXHIBIT P2 TRUE COPY OF THE OBJECTION TO EXT.P1 BY PETITIONER EXHIBIT P3 TRUE COPY OF THE ORDER IN MC 39/2016 OF JFMC(TEMP), SOUTH PARAVUR DATED 26.5.2018 EXHIBIT P4 TRUE COPY OF THE AMENDMENT APPLICATION IA 1/2021 IN OP 1225/2016 OF THE FAMILY COURT, KOLLAM EXHIBIT P5 TRUE COPY OF THE OBJECTION IN IA 1/2021 IN OP 1225/2016 OF THE FAMILY COURT, KOLLAM EXHIBIT P6 TRUE COPY OF THE ORDER IN IA 1/2021 IN OP 1225/2016 DATED 5.7.2021 OF THE FAMILY COURT, KOLLAM
2 issues framed by the court
Whether Single Judge could interfere with Family Court's ruling allowing amendment of original suit based on Article 227.
Whether the petitioner had valid cause to quash the amendment order filed by respondent.
ANILKUMAR KURUP
SUMA ANIL
A.MUHAMED MUSTAQUE
KAUSER EDAPPAGATH WEDNESDAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
