IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
JINCY GEORGE – Appellant
Versus
JOBIN BABU – Respondent
OP (FC) NO. 52 OF 2026
| Table of Content |
|---|
| 1. challenge to ruling on evidence presentation. (Para 1) |
| 2. incapacity claimed in presenting evidence. (Para 2) |
| 3. court upholds procedural rules; relaxation request directed to family court. (Para 3 , 4) |
| 4. petition dismissed; further applications can be made. (Para 5) |
Devan Ramachandran , J.
The petitioner challenges Ext.P5 order, but concedes that all which is ordered therein is that her plea for adducing evidence through online platform shall be done as per the Kerala Electronic Video Linkage Rules (for short “Rules”).
2. Sri.S.Saju - appearing for the petitioner, submitted that her client is now incapacitated from offering evidence as per the “Rules” because, she is in a place in France, which will not permit her to act fully as per its ambit. He prayed that, therefore, this Court direct the learned Family Court to relax the “Rules” appropriately, so that his client can present their evidence.
3. We are afraid that we cannot intervene in this matter in the manner now requested by Sri.S.Saju since we find nothing in error in Ext.P5, it only directing the petitioner to tender evidence as per the “Rules”.
4. When the “Rules” are in force, no Court can say that such need not be followed; but, if there is any provision therein for relaxation, as has now been asserted by Sri.S.Saju, it is for the petitioner to move the learned Family Court itself appropriately.
5. With liberties, as available in law, being reserved, this Original Petition is dismissed.
After we dictated this part of the judgment, Sri.S.Saju submitted that, in fact, his client has already moved IA No.1/2026 seeking relaxation in terms of the “Rules” before the learned Family Court. If this is so, we are certain that the learned Family Court will consider the said application as per law; and are of the firm view that we will not be required to direct it in any manner for such purpose.
Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B. SNEHALATHA JUDGE stu APPENDIX OF OP (FC) NO. 52 OF 2026 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE MEMORANDUM OF ORIGINAL PETITION IN O.P. NO. 1359/2022 DATED 14.09.2022 Exhibit P2 THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT IN O.P. NO. 381/2024 DATED
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