2024 Supreme(Online)(Ker) 76256
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ACHUTHAN SASIKUMAR – Appellant
Versus
ANJANA PRATHAP – Respondent
OP (FC) 414/2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM 2024/KER/47818 PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V &
THE HONOURABLE MR. JUSTICE P.M.MANOJ TH TUESDAY, THE 25 DAY OF JUNE 2024 / 4TH ASHADHA, 1946 OP (FC) NO. 414 OF 2024 AGAINST THE ORDER/JUDGMENT DATED IN OP NO.2821 OF 2021 OF FAMILY COURT,ERNAKULAM PETITIONER/S:
ACHUTHAN SASIKUMAR, AGED 33 YEARS S/O (LATE) SASIKUMAR RAMAN KUTTY, KUMMANNOOR HOUSE, KUMARANELLOOR PO, KOTTAYAM, 686016 THROUGH HIS POWER OF ATTORNEY HOLDER AND MOTHER CHANDRIKA SASIKUMAR AGED 62 W/O (LATE) SASIKUMAR RAMAN KUTTY KUMMANNOOR HOUSE, KUMARANELLOOR PO, KOTTAYAM,, PIN - 686016 BY ADV A.KRISHNAN RESPONDENT/S:
ANJANA PRATHAP FLAT NO. 53, JAYAM GARDENS, VADUTHALA, ERNAKULAM, PIN - 682023 THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
25.06.2024, ALONG WITH OP (FC).412/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V &
THE HONOURABLE MR. JUSTICE P.M.MANOJ TH TUESDAY, THE 25 DAY OF JUNE 2024 / 4TH ASHADHA, 1946 OP (FC) NO. 412 OF 2024 AGAINST THE ORDER/JUDGMENT DATED IN OP NO.2820 OF 2021 OF FAMILY COURT,ERNAKULAM PETITIONER/S:
ACHUTHAN SASIKUMAR, AGED 33 YEARS S/O (LATE) SASIKUMAR RAMAN KUTTY, KUMMANNOOR HOUSE, KUMARANELLOOR PO, KOTTAYAM, 686016 THROUGH HIS POWER OF ATTORNEY HOLDER AND MOTHER CHANDRIKA SASIKUMAR AGED 62 W/O (LATE) SASIKUMAR RAMAN KUTTY KUMMANNOOR HOUSE, KUMARANELLOOR PO, KOTTAYAM,, PIN - 686016 BY ADV A.KRISHNAN RESPONDENT/S:
1 ANJANA PRATHAP, FLAT NO. 53, JAYAM GARDENS, VADUTHALA, ERNAKULAM, PIN - 682023
2 CHANDRIKA SASIKUMAR, W/O (LATE) SASIKUMAR RAMAN KUTTY, KUMMANNOOR HOUSE, KUMARANELLOOR PO, KOTTAYAM DISTRICT, PIN - 686016
3 AJITH SASIKUMAR S/O (LATE) SASIKUMAR RAMAN KUTTY, KUMMANNOOR HOUSE, KUMARANELLOOR PO, KOTTAYAM DISTRICT, PIN - 686016
4 ARVIND SASIKUMAR S/O (LATE) SASIKUMAR RAMAN KUTTY, KUMMANNOOR HOUSE, KUMARANELLOOR PO, KOTTAYAM DISTRICT, PIN - 686016
5 SURENDRAN NAIR, S/O DAMODARAN NAIR, 'SIVAKRIPA' KIZHAKKENADA, ETTUMANOOR PO, KOTTAYAM, PIN - 686631 THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 25.06.2024, ALONG WITH OP (FC).414/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Raja Vijayaraghavan, J.
These petitions have been filed under Article 227 of the Constitution of India seeking to set aside the common order dated 25.05.2024 in IA No.4 of
2024 in O.P.No.2820 of 2021 and I.A No.8 of 2024 in O.P.No.2821 of 2021.
2. The petitioner herein is the husband of the 1st respondent. Their marriage was solemnized on 02.05.2021. They have no issues in the wedlock.
3. When the relationship between the parties became strained, the
1st respondent herein approached the Family Court, Ernakulam, and instituted O.P.No.2820 of 2021 seeking to realize gold and cash entrusted with the husband. She had also preferred another petition under Section 12(1)(c) and Section 13(1)(ia) of the Hindu Marriage Act wherein the relief sought for was for a declaration of the marriage between the parties which was solemnized on 02.05.2021, to be declared as null and void or in the alternative, for dissolving the marriage. She had also sought for realization of permanent alimony from the husband. Both these petitions were instituted on 22.11.2021. After completion of pleadings in the above cases, they were listed for trial and an Advocate Commissioner was appointed for recording the evidence of parties and witnesses.
4. While so, on 01.11.2023, the petitioner approached the Family Court and instituted O.P.No.2515 of 2024 wherein the prayer was for allowing the husband to realize a sum of Rs.1 Crore by way of compensation for levelling false allegations against him and for realizing a sum of Rs. 2 Crores by way of compensation for spoiling the family relationship between the husband and his family members. He had also sought for compensation to the tune of Rs. 2 Crores from the respondent/wife for causing face off between the husband and his family members.
5. After having filed the