Kerala High Court
Manoj K.V vs Chandini K.S on 11 December, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
OP (FC) NO. 764 OF 2024 1
2024:KER:93549
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
WEDNESDAY, THE 11TH DAY OF DECEMBER 2024/20TH AGRAHAYANA, 1946
O.P.(FC) NO.764 OF 2024
AGAINST THE ORDER DATED 03.12.2024 IN I.A.NO.9 OF 2024 AND IA
NO.10 OF 2024 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,
PIN - 689106
2 VIJAYAN NAIR, AGED 72 YEARS
S/O. LATE RAMAKRISHNA PILLAI, SREEVIHAR HOUSE,
KUTTOOR P.O., KUTTOOR VILLAGE, THIRUVALLA TALUK,
PIN - 689106
3 RETNAMMA, AGED 68 YEARS
W/O. VIJAYAN NAIR, SREEVIHAR HOUSE, KUTTOOR P.O.,
KUTTOOR VILLAGE, THIRUVALLA TALUK, PIN - 689106
OP (FC) NO. 764 OF 2024 2
2024:KER:93549
4 K.V. VINODKUMAR
AGED 47 YEARS
S/O.VIJAYAN NAIR, SREEVIHAR HOUSE, KUTTOOR P.O.,
KUTTOOR VILLAGE, THIRUVALLA TALUK, PIN - 689106
BY ADVS.
P.HARIDAS
BIJU HARIHARAN
SHIJIMOL M.MATHEW
P.C.SHIJIN
ROSHIN MARIAM JACOB
PRAJISHA O.K.
RESPONDENTS/PETITIONERS/PETITIONER/PETITIONERS 2 & 3 &
RESPONDENTS 2 & 3:
1 CHANDINI K.S, AGED 36 YEARS, D/O. K.P.SASIKUMAR,
KARTHIKA HOUSE, ERAVIPEROOR P.O., ERAVIPEROOR
VILLAGE, THIRUVALLA TALUK., PIN - 689542
2 ARJUN M. NAIR, AGED 13 YEARS
(MINOR) S/O. CHANDINI K.S., KARTHIKA HOUSE,
ERAVIPEROOR P.O., ERAVIPEROOR VILLAGE, THIRUVALLA
TALUK. REPRESENTED BY HIS MOTHER CHANDINI K.S.,
D/O. K.P.SASIKUMAR, KARTHIKA HOUSE, ERAVIPEROOR
P.O., ERAVIPEROOR VILLAGE, THIRUVALLA TALUK, PIN -
689542
3 ARYAN M. NAIR, AGED 5 YEARS
(MINOR) S/O. CHANDINI K.S., KARTHIKA HOUSE,
ERAVIPEROOR P.O., ERAVIPEROOR VILLAGE, THIRUVALLA
TALUK, PATHANAMTHITTA DISTRICT REPRESENTED HIS
MOTHER CHANDINI K.S. D/O. K.P.SASIKUMAR, KARTHIKA
HOUSE, ERAVIPEROOR P.O., ERAVIPEROOR VILLAGE,
THIRUVALLA TALUK, PIN - 689542
OP (FC) NO. 764 OF 2024 3
2024:KER:93549
4 K.P. SASIKUMAR
AGED 65 YEARS
S/O. PARAMESWARAN, KARTHIKA HOUSE, ERAVIPEROOR
P.O., ERAVIPEROOR VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT., PIN - 689542
5 AMBILI KUMARI
AGED 58 YEARS
W/O. K.P. SASIKUMAR, KARTHIKA HOUSE, ERAVIPEROOR
P.O., ERAVIPEROOR VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT., PIN - 689542
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
11.12.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (FC) NO. 764 OF 2024 4
2024:KER:93549
JUDGMENT
Devan Ramachandran, J.
Petitioners challenge Exts.P13 & P14 orders, whereby their request for "deferring the trial and for permitting him to adduce evidence through online mode as per the provisions of Rules for Video Conferencing" has been rejected.
2. Sri.Haridas P. - learned Counsel for the petitioners, conceded that the I.A.No.10 of 2024, seeking permission to adduce evidence through the online mode was not supported by the requisite details, including the Form in Schedule II of the Rules; but that his clients subsequently preferred it, as evident from Ext.P15. He says that, however, in spite of this, the learned Trial Court was pleased to dismiss I.A.No.9 of 2024, thus refusing to defer the trial; and consequently dismissing I.A.No.10 of 2024, being his application for permission to adduce evidence through the online mode. He prayed that both these orders be set aside.
3. We are afraid that we cannot countenance the arguments of Sri.Haridas P. at this stage because, he unreservedly informs us OP (FC) NO. 764 OF 2024 5 2024:KER:93549 that his clients' evidence has been closed; and they had moved an application to have the same reopened. He admits that such application is still pending and has not been considered for orders yet.
4. It is thus indubitable that, even if this Court is to set aside Exts.P13 & P14, we cannot allow Ext.P15 at this time because, it is for the learned Family Court to take a final decision on the new application stated to be filed by the petitioner.
5. We have no doubt that if the learned Court is to reopen the evidence of the petitioners, then it will be in a position to consider Ext.P15, for any other application filed by the petitioners, for permission to adduce evidence through online platform, as per law.
With the afore clarification, this Original Petition is closed.
Sd/-
DEVAN RAMACHANDRAN JUDGE Sd/-
M.B.SNEHALATHA JUDGE sp/11/12/2024 OP (FC) NO. 764 OF 2024 6 2024:KER:93549 APPENDIX OF OP (FC) 764/2024 PETITIONER 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 1ST PETITIONER 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 1ST PETITIONER 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 1ST RESPONDENT BEFORE THE FAMILY COURT, THIRUVALLA DATED 02.06.2023 OP (FC) NO. 764 OF 2024 7 2024:KER:93549 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 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 1ST RESPONDENT BEFORE 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