Kerala High Court
Manoj K.V vs Chandini K.S on 11 July, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
OP(FC).No.406 of 2025
1
2025:KER:51552
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947
OP (FC) NO. 406 OF 2025
AGAINST THE ORDER DATED 17.06.2025 IN OP NO.228 OF
2022 OF FAMILY COURT, THIRUVALLA
PETITIONERS/PETITIONERS/RESPONDENTS:
1 MANOJ K.V.
AGED 45 YEARS
S/O. VIJAYAN NAIR, SREEVIHAR HOUSE, KUTTOOR P.O.,
KUTTOOR VILLAGE, THIRUVALLA TALUK. REPRESENTED
THROUGH HIS FATHER & POWER OF ATTORNEY HOLDER
VIJAYAN NAIR, AGED 72, YEARS, S/O. LATE
RAMAKRISHNA PILLAI, SREEVIHAR HOUSE, KUTTOOR
P.O., KUTTOOR VILLAGE, THIRUVALLA TALUK.
PATHANAMTHITTA DISTRICT, PIN - 689106
2 VIJAYAN NAIR
AGED 72 YEARS
S/O. LATE RAMAKRISHNA PILLAI, SREEVIHAR HOUSE,
KUTTOOR P.O., KUTTOOR VILLAGE, THIRUVALLA TALUK.
PATHANAMTHITTA DISTRICT, PIN - 689106
3 RETNAMMA
AGED 70 YEARS
W/O. VIJAYAN NAIR, SREEVIHAR HOUSE, KUTTOOR P.O.,
KUTTOOR VILLAGE, THIRUVALLA TALUK. PATHANAMTHITTA
DISTRICT, PIN - 689106
4 K.V. VINODKUMAR
AGED 47 YEARS
S/O.VIJAYAN NAIR, SREEVIHAR HOUSE, KUTTOOR P.O.,
KUTTOOR VILLAGE, THIRUVALLA TALUK. PATHANAMTHITTA
OP(FC).No.406 of 2025
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DISTRICT, PIN - 689106
BY ADVS.
SRI.P.HARIDAS
SHRI.BIJU HARIHARAN
SMT.SHIJIMOL M.MATHEW
SRI.P.C.SHIJIN
SMT.ROSHIN MARIAM JACOB
SMT.PRAJISHA O.K.
SRI.RISHIKESH HARIDAS
RESPONDENTS/RESPONDENTS/RESPONDENT/PETITIONERS/RESPONDENTS
2&3 ARE PETITIONERS 2&3 IN MC.NO.38/22 AND RESPONDENTS 4&5
ARE THE RESPONDENTS 2&3 IN OP(G&W) 163/2023:
1 CHANDINI K.S
AGED 36 YEARS
D/O. K.P.SASIKUMAR, KARTHIKA HOUSE, ERAVIPEROOR
P.O., ERAVIPEROOR VILLAGE, THIRUVALLA TALUK.
PATHANAMTHITTA DISTRICT, PIN - 689542
2 ARJUN M. NAIR
AGED 13 YEARS
S/O. CHANDINI K.S., KARTHIKA HOUSE, ERAVIPEROOR
P.O., ERAVIPEROOR VILLAGE, THIRUVALLA TALUK.
REPRESENTED HIS MOTHER CHANDINI K.S., AGED 36
YEARS, D/O. K.P.SASIKUMAR, KARTHIKA HOUSE,
ERAVIPEROOR P.O., ERAVIPEROOR VILLAGE, THIRUVALLA
TALUK , PATHANAMTHITTA DISTRICT, PIN - 689542
3 ARYAN M. NAIR
AGED 5 YEARS
S/O. CHANDINI K.S., KARTHIKA HOUSE, ERAVIPEROOR
P.O., ERAVIPEROOR VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT REPRESENTED HIS MOTHER
CHANDINI K.S., AGED 36 YEARS, D/O. K.P.SASIKUMAR,
KARTHIKA HOUSE, ERAVIPEROOR P.O., ERAVIPEROOR
VILLAGE, THIRUVALLA TALUK , PATHANAMTHITTA
DISTRICT, PIN - 689542
4 K.P. SASIKUMAR
AGED 65 YEARS
OP(FC).No.406 of 2025
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S/O. PARAMESWARAN, KARTHIKA HOUSE, ERAVIPEROOR
P.O., ERAVIPEROOR VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT., PIN - 689542
5 AMBILIKUMARI,
AGED 58 YEARS
W/O. K.P. SASIKUMAR, KARTHIKA HOUSE, ERAVIPEROOR
P.O., ERAVIPEROOR VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT., PIN - 689542
BY ADVS.
SHRI.M.K.SUMOD
SMT.VIDYA M.K.
SMT.THUSHARA.K
SMT.MEERA S GOPAN
OTHER PRESENT:
SRI M K SUMOD-R1&R4
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
11.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(FC).No.406 of 2025
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JUDGMENT
Devan Ramachandran, J.
The petitioners impugned Ext.P18 order of the learned Family Court, Thiruvalla, which rejected their request for allowing the first among them to depose online, under the provisions of the Electronic Video Linkage Rules for Courts (Kerala), 2021. However, in the same breath, they admit that they have preferred Ext.P19 application for the same purpose again; and that it is now listed for consideration on 16.07.2025.
2. Sri.P.Haridas, appearing for the petitioners, argued that Ext.P18 is in error; and that his clients, therefore, bonafide apprehend that Ext.P19 will also be dismissed on account of the view taken therein.
3. Sri.M.K.Sumod, appearing for the respondents, however, submitted that, though his client has filed formal objections against Ext.P9, she may not have serious dispute in allowing it, subject to the applicable Rules and Statutory Provisions. He affirmed that Ext.P9 is listed on 16.07.2025 for consideration.
4. If the afore facts are true, then it is luculent that we do not require to consider the merits of this matter at all. This is OP(FC).No.406 of 2025 5 2025:KER:51552 because, even though Ext.P18 order remains, the conceded fact is that Ext.P19 application has been preferred, which is now due for consideration by the learned Family Court. The fear of the petitioners that Ext.19 be dismissed solely because Ext.P18 order remains cannot appeal to us.
In the above circumstances, we close this Original Petition without interfering with Ext.P18; but with a consequential direction to the learned Family Court to consider Ext.P19 independently and dispassionately, without being fettered by its opinion in Ext.P18.
Sd/-
DEVAN RAMACHANDRAN, JUDGE Sd/-
M.B. SNEHALATHA, JUDGE Mms OP(FC).No.406 of 2025 6 2025:KER:51552 APPENDIX OF OP (FC) 406/2025 PETITIONERS EXHIBITS Exhibit P1 TRUE COPY OF THE OP NO. 228 /2022 BEFORE THE FAMILY COURT, THIRUVALLA FILED BY THE 1ST RESPONDENT DATED 01.05.2022 Exhibit P2 TRUE COPY OF THE OBJECTION IN OP NO.
228/2022 BEFORE THE FAMILY COURT, THIRUVALLA FILED BY THE PETITIONERS DATED 18.11.2023 Exhibit P3 TRUE COPY OF THE OP (HMA)NO. 261/2022 BEFORE THE FAMILY COURT, THIRUVALLA FILED BY THE 1ST RESPONDENT DATED 01.05.2022 Exhibit P4 TRUE COPY OF THE OBJECTION IN OP (HMA)NO. 261/2022 BEFORE THE FAMILY COURT, THIRUVALLA FILED BY THE 1STPETITIONER DATED 17.07.2024 Exhibit P5 TRUE COPY OF THE M.C.NO. 38/2022 BEFORE THE FAMILY COURT, THIRUVALLA FILED BY THE RESPONDENTS DATED 01.05.2022 Exhibit P6 TRUE COPY OF THE OBJECTION IN M.C.NO.
38/2022 BEFORE THE FAMILY COURT, THIRUVALLA FILED BY THE 1STPETITIONER DATED 19.12.2023 Exhibit P7 TRUE COPY OF THE OP (G&W) NO. 163/2023 FILED BY THE PETITIONERS BEFORE THE FAMILY COURT, THIRUVALLA DATED 17.03.2023 Exhibit P8 TRUE COPY OF THE OBJECTION IN OP (G&W) NO. 163/2023 FILED BY THE 1STRESPONDENTBEFORE THE FAMILY COURT, THIRUVALLA DATED 02.06.2023 Exhibit P9 TRUE COPY OF THE IA NO. 09/2024 IN OP.NO.228 OF 2022 BEFORE THE FAMILY COURT, THIRUVALLA FILED BY THE PETITIONERS DATED 15.11.2024 Exhibit P10 TRUE COPY OF THE OBJECTION FILED BY THE 1ST RESPONDENT IN IA NO. 09/2024 IN OP.NO.228 OF 2022 BEFORE THE FAMILY COURT, THIRUVALLA DATED 23.11.2024 Exhibit P11 TRUE COPY OF THE I.A NO. 10/2024 IN OP.NO.228 OF 2022 BEFORE THE FAMILY COURT, THIRUVALLA FILED BY THE OP(FC).No.406 of 2025 7 2025:KER:51552 PETITIONERS DATED 18.11.2024 Exhibit P12 TRUE COPY OF THE OBJECTION IN IA NO.
10/2024 IN OP.NO.228 OF 2022 BEFORE THE FAMILY COURT, THIRUVALLA FILED BY THE 1STRESPONDENTBEFORE THE FAMILY COURT, THIRUVALLA DATED 23.11.2024 Exhibit P13 TRUE COPY OF THE ORDER OF THE FAMILY COURT, THIRUVALLA IN I.A.NO. 9/2024 IN OP NO. 228/2022 DATED 03.12.2024 Exhibit P14 TRUE COPY OF THE ORDER IN I.A.NO.
10/2024 IN OP NO. 228/2022 OF THE FAMILY COURT, THIRUVALLA DATED 03.12.2024 Exhibit P15 TRUE COPY OF THE E-MAIL APPLICATION IN OP.NO.228/2022, M.C.NO.38/2022, OP(HMA)NO. 261/2022, AND OP.(G&W). NO. 163/2023 OF THE FAMILY COURT, THIRUVALLA FILED BY THE 1ST PETITIONER DATED 06.12.2024 Exhibit P16 TRUE COPY OF THE JUDGMENT IN O.P.(FC) NO. 764/2024 OF THIS HON'BLE COURT DATED 11.12.2024 Exhibit P17 TRUE COPY OF THE IA NO. 17/2025 IN OP.NO.228/2022 DATED 12.05.2025 OF THE FAMILY COURT, THIRUVALLA FILED BY THE PETITIONERS Exhibit P18 TRUE COPY OF THE ORDER IN IA NO. 17/2025 IN OP.NO.228/2022 OF THE FAMILY COURT, THIRUVALLA DATED 17.06.2025 Exhibit P19 TRUE COPY OF THE IA NO. 19/2025 IN OP.NO.228/2022 FILED BY THE PETITIONERS ALONG WITH SCHEDULE II AND PASSPORT DATED 02.07.2025 BEFORE THE FAMILY COURT, THIRUVALLA