High CourtsDivision Bench(2021) 01 KL CK 0498

Bindu B.K vs Dinak K And Ors

High Court Of Kerala · Decided on 21 January 2021

HON’BLE JUDGES
A. Muhamed Mustaque, J · C.S. Dias, J
RESULT
Disposed Of
CASE NUMBER
Original Petition (FC) No. 400 Of 2020

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Judgment

13 paragraphs · 266 words

A. Muhamed Mustaque, J

1.

These original petitions are filed challenging a common order in an interlocutory application in O.P.No.1003/2015 on the file of the Family Court,

Kozhikode. This matter has been tagged along with the connected matter for joint trial. We are not referring to the issues involved before the Family

Court. The matter now arises consideration in regard to dismissal of an application for sending a document for expert opinion. The respondents denied

the contents of a greeting card during the cross examination before the Family Court. The said greeting card was produced before the Family Court.

The petitioner, thereafter, filed an application to send the same for an expert opinion in regard to the content. That application has been dismissed.

2.

We do not find any reason to interfere with the order passed in the interlocutory application. If the petitioner is finally prejudiced by such order, she

is free to challenge the same along with the decree to be passed in the matter.

3.

We, in exercise of power under Article 227 of the Constitution cannot interfere with the order passed in the interlocutory applications on merits. It is

to be noted that it is open for the Family Court to consider sending the document for expert opinion if the Family Court at a later stage of the trial feels

that such expert opinion is required. Accordingly, both the original petitions are dismissed.

Taking note of the fact that the original petitions are pending before the Family Court since 2015, the Family Court shall consider and dispose of the

same at the earliest.