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2025 Supreme(Online)(Ker) 52207

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
GIRISH M – Appellant
Versus
INDU MOHAN T – Respondent
OP (FC) NO. 677 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.RINESH E.V., SMT.REMYA V.A.

A petitioner cannot challenge a Family Court decree without adhering to the appropriate procedural laws, necessitating a withdrawal and option to appeal.

Headnote:This judgment concerns the challenge to a Family Court decree on grounds of coercion. The petitioner sought to withdraw the appeal, being unable to substantiate a challenge under the relevant procedural law, leading to dismissal of the petition. The court allowed for future recourse via statutory appeal. The decree under challenge, issued for an allegedly induced agreement, was deemed procedurally untenable.

Table of Content
1. petitioner challenges decree on coercive grounds. (Para 1)
2. court finds no grounds for appeal under cpc. (Para 2)
3. petition dismissed with right to appeal. (Para 3)

JUDGMENT Devan Ramachandran, J.

The petitioner challenges Ext.P1 decree of the learned Family Court, Thrissur, in GOP 1418/2020, alleging that the agreement, based on which it was issued, was obtained through ‘coercive, unrealistic and impossible performance’ (sic).

2. We are afraid that we cannot entertain this Original Petition on the afore plea because, challenge to a decree is possible only under the provisions of Order 41 of the Code of Civil Procedure (CPC).

3. Sensing the mind of this Court as afore, the learned counsel for the petitioner sought permission to withdraw this Original Petition, with liberty being reserved to his client to approach this Court again through an appropriate Statutory Appeal.

In the afore circumstances, this Original Petition is dismissed as having been withdrawn, with every liberty in law available to the parties being reserved to them.

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