IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 OP (FC) NO. 157 OF 2025 AGAINST THE ORDER DATED 13.02.2025 IN IA 5/2024 IN OP NO.702 OF 2021 OF FAMILY COURT, TIRUR PETITIONERS/RESPONDENTS: 1 AKBER, AGED 45 YEARS S/O ALAVIKUTTY, RESIDING AT PARAMBATH HOUSE, VATTATHANI, PATHAMPADU, NIRAMARUTHUR AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT., PIN - 676109 2 ALAVIKUTTY, AGED 71 YEARS S/O MOLI, RESIDING AT PARAMBATH HOUSE, VATTATHANI, PATHAMPADU, NIRAMARUTHUR AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676109 3 KHADEEJA, AGED 65 YEARS W/O ALAVIKUTTY, RESIDIND AT PARAMBATH HOUSE, VATTATHANI, PATHAMPADU, NIRAMARUTHUR AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676109 BY ADVS. H.NUJUMUDEEN K.P.SHEREEF BILAL AHAMED K.P. RESPONDENTS/PETITIONERS: 1 RAJULA AGED 40 YEARS D/O LATE VEERANKUTTY, ORIKKALA PARAMBIL HOUSE, P.O TANALUR, TANALUR AMSOM PAKARA DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676307 2025:KER:29140 OP (FC) NO. 157 OF 2025 2 2 HASLAHA, AGED 18 YEARS D/O AKBER, ORIKKALA PARAMBIL HOUSE, P.O. TANALUR, TANALUR AMSOM PAKARA DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676307 BY ADVS. BINU V V MANEKSHA D.(K/000478/2005) THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29140 OP (FC) NO. 157 OF 2025 3 JUDGMENT Devan Ramachandran , J. The petitioners challenge Ext.P3 order of the learned Family Court, Tirur, whereby, IA No.5/2024 filed by the respondents herein was allowed. 2. The above-mentioned IA was an application filed by the respondents seeking amendment of the Original Petition filed by them, invoking provisions under Order VI Rule 17 of the Code of Civil Procedure (CPC), incorporating the market value of the quantity of gold they had demanded from the respondents. 3. We notice from the impugned order that the learned Family Court allowed the application, finding that the amendment is innocuous since it only incorporates the value of the gold sought and nothing else. 4. However, Sri.K.P.Shereef - learned counsel for the petitioners, argues that the figure now sought to be incorporated through the amendment is excessive; and that the value of the gold is not as has been asserted. 5. We are afraid that we cannot find favour with the afore submission at this stage because, the question whether the 2025:KER:29140 OP (FC) NO. 157 OF 2025 4 figure stated is right or wrong, is a matter to be decided after trial. The petitioner has sought return of certain quantity of gold; and prima facie, it is only as an alternative plea that she has sought the value of the same. Obviously, therefore, it is for the learned Family Court to decide whether the value now sought for is accurate or otherwise; and hence, it does not require us to intervene with the impugned order. In the afore circumstances, we dismiss this Original Petition, leaving open all relevant contentions of the parties to be decided by the learned Family Court as per law. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B. SNEHALATHA JUDGE stu 2025:KER:29140 OP (FC) NO. 157 OF 2025 5 APPENDIX OF OP (FC) 157/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE IA NO. 5/2024 DATED 16-12- 2024 ON THE FILES OF FAMILY COURT TIRUR Exhibit P2 TRUE COPY OF THE COUNTER DATED 01-2-2025 FILED BY THE RESPONDENTS IN IA 05/2024 ON THE FILES OF FAMILY COURT TIRUR Exhibit P3 CERTIFIED COPY OF THE ORDER IN IA NO. 5/ 2024 DATED 13-2-2025 ON THE FILES OF FAMILY COURT TIRUR Exhibit P4 TRUE COPY OF THE ORIGINAL PETITION NO. 702/2021 DATED23-09-2021 ON THE FILES OF FAMILY COURT TIRUR Exhibit P5 TRUE COPY OF THE IA NO. 4/2024 DATED 2-8- 2024 ON THE FILES OF FAMILY COURT TIRUR Exhibit P6 TRUE COPY OF THE AFFIDAVIT IA 04/2024 IN ANSWER OF THE INTERROGATORIES DATED 16-12- 2024 ON THE FILES OF FAMILY COURT TIRUR Exhibit P7 TRUE COPY OF THE IA NO. 6/2025 DATED 8-1- 2025 ON THE FILES OF FAMILY COURT TIRUR Exhibit P8 CERTIFIED COPY OF THE ORDER OF THE HON’BLE FAMILY COURT TIRUR IN I A NO. 6/ 2025 DATED 13-02-2025