Disposed

Sheeja v. Francis Xavier

Kerala HC22 Jun 2023OP (FC)/63/2023

Case brief

AI extract

What is this about?

Court modified an order directing a wife to answer interrogatories and produce a birth certificate in a divorce suit, deleting the directive to produce the certificate as it is a public document obtainable by the respondent.

What did the court decide?

The order directing the petitioner to answer the question regarding the birth certificate was deleted; the original petition was disposed of with liberty to the respondent to obtain the birth certific

Sheeja Vs Francis Xavier — Matrimonial and Divorce | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

¶5

THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

¶6

THURSDAY, THE 22^ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945

¶7

OP (FC) NO. 63 OF 2023

¶8

TO SET ASIDE THE ORDER DATED 20.10.2022 IN I.A NO.4/2022 IN OP(DIV) 1730/2018 OF FAMILY COURT,KOLLAM PETITIONER/1ST RESPONDENT:

¶9

SHEEJA, AGED 40 YEARS, D/O.SHOBHA, G.S.LOTUS, DHAVALAKUZHI, MAYYANADU, KOLLAM -, PIN – 691 303

¶10

BY ADVS. PRATHEESH.P ANJANA KANNATH

¶11

RESPONDENT/PETITIONER:

¶12

FRANCIS XAVIER, AGED 50 YEARS, S/O.MARIAN JOHNSON, FATHIMA MANDIRAM, NEENDAKARA, NEENDAKARA VILLAGE, KOLLAM REPRESENTED BY JOY JOHNSO, AGED 61 YEARS, S/O.MARIAN JOHNSON, JERRY DALE, NEENDAKARA P.O, KOLLAM -, PIN – 691 582

¶13

BY ADVS. KIRAN LAL MANILAL R.RAJESH (VARKALA)(K/78/2000) MANU RAMACHANDRAN(K/917/2010) SAMEER M NAIR(K/000481/2017) GEETHU KRISHNAN(K/001199/2021) SAILAKSHMI MENON(K/1518/2021)

¶14

THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

OP (FC) NO. 63 OF 2023

¶16

..2..

¶17

J U D G M E N T

¶18

A. Muhamed Mustaque, J.

¶19

The petitioner is the wife of the respondent. The respondent filed a petition for divorce on the ground of adultery. The respondent filed an application to serve interrogatories to answer the father of the younger child. The impugned order was passed directing the petitioner to answer the question “ name of the biological father of the last born child”. There was further question to “bring the birth certificate of the last born child.”

¶20

In regard to the questions as above, the petitioner can file an affidavit either answering the interrogatories or refusing answer to the questions. The legality of the stand taken by the petitioner can adjudged at the time of trial. In regard to the question No.5 to furnish the birth certificate, the birth certificate is available as a public document before the local authority. As, the respondent can obtain the birth certificate in accordance with law, such question can not be directed to be answered. When a document is available, the petitioner cannot be asked to produce the

¶21

OP (FC) NO. 63 OF 2023

¶22

..3..

¶23

birth certificate. That part of the question is deleted. With liberty to the respondent to work out remedy to obtain birth certificate, in accordance with law, the original petition is disposed of, modifying the impugned order as above.

¶24

Sd/-

¶25

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS

JUDGE

OP (FC) NO. 63 OF 2023

¶31

..4..

¶32

APPENDIX OF OP (FC) 63/2023

¶33

PETITIONER EXHIBITS

¶34

Exhibit P1	THE COPY OF THE OP(DIV) NO.1730/2018 ON THE FILE OF FAMILY COURT, KOLLAM DATED 26.12.2018
Exhibit P2	THE PETITIONER HAD FILED OBJECTION AGAINST I.A NO.4/2021. THE COPY OF THE I.A NO.4/2021 IN OP(DIV) NO.1730/2018 WITH INTERROGATORIES
Exhibit P3	THE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 8.7.2022
Exhibit P4	THE COPY OF THE ORDER PASSED BY THE COURT BELOW IN I.A NO.4/2021 IN OP(DIV) NO.1730/2018 DATED 20.10.2022
Exhibit P5	THE COPY OF THE I.A NO.6/2022 IN OP(DIV) NO.1730/2018 DATED 14.3.222
Exhibit P6	THE COPY OF THE I.A NO.7/2022 IN OP(DIV) NO.1730/2018 DATED 25.11.2022

Sheeja v. Francis Xavier

Case brief

What is this about?

What did the court decide?

Sheeja v. Francis Xavier

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ranjith Menon Vs Reshmi M.R.

Faizal Babu P.A. Vs Shakeela C.A.

Madhusoodhanan Nair Vs Gayathri S.V.

Ashish Thomas Vs Esther Gina Hyginus

Ranjith Menon Vs Reshmi M.R.

Aswathy Edison Vs Santhosh Kumar