SMIJITH Vs. RAJALAKSHMI

JUDGEMENT

(1.) THE prayer in this Original Petition is to quash the plaint in O.S.No.229 of 2012 of the Sub Court, Sulthan Bathery.

(2.) THE 1st respondent filed that suit against petitioners/defendants 1 and 2 and the 2nd respondent/3rd defendant for recovery of money, damages, etc. and for return of articles. The case in short is that the 1st petitioner married the daughter of the 1st respondent and at the time of marriage, certain payments were made to the petitioners. For the marriage, the 1st respondent had to incure expenses to the tune of Rs.3,00,000.00. Later, the marital relationship between the 1st petitioner and the daughter of the 1st respondent went to trouble. Hence the suit for recovery of money and for return of articles.

(3.) ACCORDING to the learned counsel, the suit is an abuse of process of the court and hence is liable to be quashed as held by this Court in Tiny @ Antony v. Jacky and others (2012 (1) KHC 82). The learned counsel submits that the petitioners and the daughter of the 1st respondent have entered into Ext.P2, agreement and if Ext.P2, agreement is accepted by the 1st respondent, that will be an end of the suit. In that circumstance the petitioners and the 2nd respondent may not be directed to undergo the cumbersome procedure of trial of the suit.