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2021 Supreme(Online)(KER) 3283

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942 OP (FC).No.295 OF 2020 AGAINST THE ORDER/JUDGMENT IN OP 894/2019 OF FAMILY COURT, THALASSERY PETITIONER:

SRIBINA P.S, AGED 31 YEARS D/O.M.SREEDHARAN, SREERANG'S, POOKODE P.O., THALASSERY TALUK, KANNUR DISTRICT, PIN-670

691.

BY ADVS.

SMT.BINDUMOL JOSEPH SRI.B.S.SYAMANTHAK SHRI.SRIVIDYA K RESPONDENTS:

1 PRASOON PUTHIYA VEETIL S/O.P.V.BALAKRISHNAN, GRANMA, KANNADIPARAMBA, P.O.KANNADIPARAMBA, KANNUR TALUK, KANNUR DISTRICT, PIN-670 604, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER HOLDER HIS FATHER P.V.BALAKRISHNAN, AGED 70 YEARS, S/O.LATE RAMAN, GRANMA, KANNADIPARAMBA, P.O.KANNADIPARAMBA, KANNUR TALUK, KANNUR DISTRICT, PIN-670 604.

2 KALAYIL MATHEW NIBIN BABU, AGED ABOUT 31 YEARS, S/O.KALYANI MATHEW BABU, HOUSE NO.309, KALAYIL HOUSE, NEAR ST.MARY'S CHURCH, P.O.CHANNANIKKAD, VIA KUZHIMATTAM, KOTTAYAM DISTRICT, PIN-686 533.

R1 BY ADV. SRI.K.VISWAN R1 BY ADV. SRI.D.ARUN BOSE R1 BY ADV. SRI.AKHIL S.VISHNU THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON

22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 22nd day of January 2021 A.Muhamed Mustaque, J This original petition was filed challenging Ext.P4 order of the Family Court, Thalassery.

2. Ext.P4 order was passed in an application filed by the respondent in Family Court, to collect the voice sample of persons referred to in the application and send the same to the expert for his opinion. The Family Court allowed the application and appointed an Advocate Commissioner to supervise the taking of the sample from the persons by All India Radio, Kannur.

3. It is contended that without verifying the genuineness of the electronic documents, such a direction would prejudice the petitioner.

It is to be noted that the Family Court allowed the application only to collect the evidence. The credibility of the evidence can be examined at a later stage. This Court need not interfere with the order of the Family Court to adduce evidence through experts. The petitioner will have all opportunity to discredit the evidence to be collected, at appropriate stage. If the petitioner is of the view that the order impugned will prejudice her, liberty is given to the petitioner to challenge the order, if the petitioner aggrieved by the final outcome of the proceedings. With liberty as above, this original petition is disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

C.S.DIAS JUDGE PR APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE OP NO.346/2018 DATED 10.03.2018 WHICH WAS ORIGINALLY FILED BEFORE THE HON'BLE FAMILY COURT,KANNUR AND LATER TRANSFERED TO THE HON'BLE FAMILY COURT, THALASSERY AND NUMBERED AS OP NO.894/2019 EXHIBIT P2 A TRUE COPY OF IA NO.1/2020 IN OP NO.894/2019 FILED BY THE RESPONDENT EXHIBIT P3 A TRUE COPY OF THE COUNTER STATEMENT DATED 30.07.2020 LONG WITH ENGLISH TRANSLATION EXHIBIT P4 A TRUE COPY OF THE ORDER PASSED BY THE HON'BLE FAMILY COURT , THALASSERY IN IA NO.1/2020 IN OP NO.894/2019 RESPONDENTS EXHIBITS:

EXHIBIT R1(A) COPY OF THE AGREEMENT EXECUTED BETWEEN PETITIONER AND RESPONDENT NO.1 DATED

12/05/2017.

EXHIBIT R1(B) COPY OF PETITION IN OP 723/2017 OF HON'BLE FAMILY COURT, KANNUR FILED U/S. 13B OF HINDU MARRIAGE ACT DATED

12/05/2017.

EXHIBIT R1(C) COPY OF DISSOLUTION PETITION FILED AS OP 894/2019 OF HON'BLE FAMILY COURT, THALASSERY DATED 10/03/2018.

EXHIBIT R1(D) COPY OF PREGNANCY TEST REPORT ISSUED BY KIMS MEDICAL CENTRE, BEHARIN DATED

09/11/2016.

EXHIBIT R1(E) COPY OF PATIENT HISTORY REPORT ISSUED BY AL-HILAL HOSPITAL, BAHARIN, DATED

15/12/2016.

EXHIBIT R1(F) COPY OF DEPOSITION OF PW1 (PETITIONER HEREIN) IN OP 185/2019, OP 894/2019 AND MC 86/2019 (JOINT TRAIL) OF FAMILY COURT, THALASSERY DATED 17/12/2019.

EXHIBIT R1(G) COPY OF DEPOSITION OF RW3(SISTER OF PETITIONER HEREIN) IN OP 185/2019, OP 894/2019 AND MC 86/2019 (JOINT TRAIL)

OF FAMILY COURT, THALASSERY DATED

05/03/2020.

EXHIBIT R1(H) COPY OF DEPOSITION OF RW1 (DAUGHTER OF RESPONDENT NO.1 HEREIN) IN OP

185/2019, OP 894/2019 AND MC 86/2019 (JOINT TRAIL) OF FAMILY COURT, THALASSERY DATED 07/01/2020.

EXHIBIT R1(I) COPY OF PETITION IN IA 1/2020 IN OP

894/2019 OF HON'BLE FAMILY COURT, THALASSERY FILED UNDER ORDER 26 RULE

10 A OF CPC FILED BY RESPONDENT NO.1.

EXHIBIT R1(J) COPY OF THE COUNTER STATEMENT FILED BY RESPONDENT NO.1 IN IA 1/2020.

EXHIBIT R1(K) COPY OF THE COUNTER STATEMENT FILED BY RESPONDENT NO.2 IN IA 1/2020.

EXHIBIT R1(L) COPY OF PETITION IN IA 4/2020 IN OP

894/2019 OF HON'BLE FAMILY COURT, THALASSERY TO DIRECT RW 3 TO FURNISH HER VOICE FOR EXPERT OPINION.

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