2025:KER:25300 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 MAT.APPEAL NO. 292 OF 2024 AGAINST THE ORDER/JUDGMENT DATED 04.03.2024 IN I.A.NO.3 OF 2024 IN OPGW NO.197 OF 2024 OF FAMILY COURT, MAVELIKKARA APPELLANT/PETITIONER/1ST RESPONDENT: JITHIN AGED 37 YEARS S/O. OMANAYAMMA, KAROOR KIZHAKKATHIL (KAVADA), KOMALLORE P.O, CHUNAKKARA, ALAPPUZHA, PIN - 690505 BY ADVS. SREEKANTH S.NAIR DEEPA SREENIVASAN SANUJU R. NAFEESA P.S. RESPONDENT/RESPONDENT/PETITIONER: Mat.Appeal.No.292 of 2024 2 2025:KER:25300 GANGA S. PILLAI AGED 26 YEARS W/O. JITHIN, PONGUM KUTTIYIL, BHARANIKKAV, SOUTH KATTANAM, MAVELIKARA ALAPPUZHA, PIN - 690505 BY ADV Vijitha V OTHER PRESENT: SMT V VIJITHA THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mat.Appeal.No.292 of 2024 3 2025:KER:25300 JUDGMENT Devan Ramachandran,J. The appellant assails the order of the learned Family Court, Mavelikkara, in I.A.No.3/2024 in OP(G&W).No.197/2024, which was issued on 04.03.2024. 2. According to the appellant, the above mentioned Original Petition was filed by his wife -the respondent herein; but asserts that this has been done without her knowledge or irregularly because, on the day it was presented - namely 05.01.2024 - she was abroad. He also asserts that there are overwritings in the Vakalath, as also the Memorandum; and hence that the Original Petition must be construed to have been presented “fraudulently” (sic). 3. The records reveal that the appellant filed the above mentioned I.A, seeking that the learned Family Court dismiss the Original Petition finding it to be not maintainable; but such prayer has been declined by the learned Family Court through the impugned order, saying that this is not an issue to be Mat.Appeal.No.292 of 2024 4 2025:KER:25300 decided at this stage, but perhaps at a later one. 4. Sri.Sreekanth S. Nair – learned Counsel for the appellant, vehemently argued that, when the Original Petition has been instituted by the respondent in a fraudulent manner, the learned Family Court cannot continue to entertain it. He, however, conceded, to a pointed question from this Court, that even though his client has used the word 'maintainable', the real imputation is that the Original Petition has been filed either without the knowledge of the respondent or irregularity, because she was abroad when it was done. He contended that it is also his client's alternative case that, even if the Original Petition was filed with the knowledge of the respondent, it has been instituted by someone else on her behalf, because she was not in India on 05.01.2024. 5. The learned Counsel for the respondent – Smt.V.Vijitha, however, argued that it is her client who filed the Original Petition and it is her case that she signed it and presented it with full volition. She contended that it is impossible for the appellant to make an allegation as afore and hence that the Mat.Appeal.No.292 of 2024 5 2025:KER:25300 learned Family Court is without error, in having issued the impugned order. She added that, in fact, her client has already appeared before the learned Family Court personally to give her statement, which has been recorded. 6. We have examined the impugned order on the touchstone of the application filed by the appellant, which has been produced on record as Annexure A9. 7. It is evident from Annexure A9 that the case of the appellant is that the Original Petition before the learned Family Court was presented on 05.01.2024 by the respondent, when she was not in India and that the Vakalath presented on her behalf, has the date 06.12.2023 overwritten on it. He has also prayed that the passport of the respondent be produced. 8. It is indubitable that the learned Family Court is right in holding that the real issue is not of maintainability, but whether the Original Petition has been properly instituted. This is not an issue that can be decided as a preliminary one, but will have to be decided - if it is properly raised in counter pleadings by the appellant – after trial. This is especially when the learned Mat.Appeal.No.292 of 2024 6 2025:KER:25300 Counsel for the respondent asserts that her client has appeared before the learned Family Court and has given her statement. In such perspective, we do not see any reason to intervene at this stage because, we are certain that every relevant issue would be framed by the learned Family Court as necessary, if properly raised and impelled; and decided in due course. Sd/- DEVAN RAMACHANDRAN, JUDGE Sd/- M.B. SNEHALATHA, JUDGE Mms Mat.Appeal.No.292 of 2024 7 2025:KER:25300 APPENDIX OF MAT.APPEAL 292/2024 PETITIONER'S ANNEXURES Annexure A1 CERTIFIED COPY OF THE OP (G&W) NO. 197/2024 DATED 06.12.2023 FILED BY THE RESPONDENT. Annexure A2 CERTIFIED COPY OF VAKALATH DATED 06.12.2023 FILED IN OP (G&W) NO. 197/2024 BY THE RESPONDENT . Annexure A3 CERTIFIED COPY OF I. A NO. 2/2024 DATED 01.01.2024 FILED BY THE RESPONDENT. Annexure A4 TRUE COPY OF OBJECTION DATED 07.03.2024 FILED IN OP (G&W) NO. 197/2024 BY THE APPELLANT. Annexure A5 ORIGINAL OF THE NOTICE DATED 14.02.2024 IN I.A. NO. 2/2024 ISSUED BY THE HON’BLE FAMILY COURT, MAVELIKARA Annexure A6 DIGITALLY SIGNED COPY OF THE FIR NO. 214/2024 DATED 11.03.2024 REGISTERED AGAINST THE RESPONDENT U/S. 323, 324, 341, 342, 312, 511, 308 R/W. 4 IPC DATED 11.03.2024 Annexure A7 CERTIFIED COPY OF THE IA NO.3/2024 DATED 23.02.2024 IN OP (G&W) NO. 197/2024 FILED BY APPELLANT UNDER ORDER 14 RULE 1 OF CPC DATED 23.02.2024 Annexure A8 TRUE COPY OF UNDATED OBJECTION SUBMITTED IN OP (G&W) NO. 197/2024 BY RESPONDENT Annexure A9 CERTIFIED COPY OF THE I. A NO. 4/2024 DATED 23.02.2024 FILED BY THE APPELLANT UNDER ORDER 13 RULE 1 OF CPC DATED Mat.Appeal.No.292 of 2024 8 2025:KER:25300 23.02.2024 Annexure A10 CERTIFIED COPY OF AFFIDAVIT DATED 01.01.2023 FILED BY THE RESPONDENT BEFORE THE HON’BLE FAMILY COURT, MAVELIKARA. Annexure A11 TRUE COPY OF UNDATED OBJECTION IN ANNEXURE A9 FILED BY THE RESPONDENT BEFORE THE HON’BLE FAMILY COURT, MAVELIKARA. Annexure A12 CERTIFIED COPY OF AFFIDAVIT AND PETITION I. A NO. 1/2024 DATED 11.01.2024 SUBMITTED BY THE RESPONDENT HEREIN BEFORE THE HON’BLE FAMILY COURT, MAVELIKARA. Annexure A13 CERTIFIED COPY OF AFFIDAVIT DATED 27.02.2024 SUBMITTED BY THE RESPONDENT BEFORE THE HON’BLE FAMILY COURT, MAVELIKARA. Annexure A14 CERTIFIED COPY OF REVIEW PETITION DATED 18.04.2024 FILED BY THE PETITIONER. Annexure A15 CERTIFIED COPY OF AFFIDAVIT AND PETITION DATED 15.04.2024 SUBMITTED BY THE APPLICANT BEFORE THE HON’BLE FAMILY COURT, MAVELIKARA.