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2023 Supreme(Online)(KER) 1983

HIGH COURT OF KERALA
AMIT RAWAL, C.S. Sudha, JJ
AJITH KUMAR.M.K – Appellant
Versus
PRASEETHA AJITH – Respondent


Advocates:
ABRAHAM P.MEACHINKARA, SRI.P.MURALEEDHARAN, SRI.GEORGE CLEETUS, SRI.P.A.SAINUDEEN, SMT.MARGARET MAUREEN DROSE

J U D G M E N T

C.S.Sudha, J.

This petition under Article 226 of the Constitution of India has been filed challenging the order dated 20/02/2021 in O.P.Nos.58/2018 and 460/2018 on the file of the Family Court, Pathanamthitta. O.P.No.58/2018, that is Ext.P1, has been filed by the respondent herein/wife seeking return of gold ornaments from the petitioner herein/husband. O.P.No.460/2018, that is Ext.P2, has been filed by the husband seeking a decree of permanent prohibitory injunction against the respondents therein who are his wife and in-laws from trespassing into the plaint schedule property or interfering with his peaceful possession of the same.

2. Both the aforesaid cases were ordered to be jointly tried.

O.P.No.58/2018 filed by the wife is seen to have been taken as the main case in which evidence has been recorded. After the close of the evidence of the respondent/wife, the matter was posted for the evidence of the petitioner/husband, who filed a proof affidavit in lieu of chief examination along with several documents to be brought in evidence. The contents of the affidavit was objected to on behalf of the respondent/wife on the ground that they were not confined to the facts

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