RADHIKA Vs. UNNIKRISHNAN

JUDGEMENT

(1.) This petition is filed by the petitioner in I.A.No.6/24 in OP.No.1505 of 2023 on the file of the Family Court, Kunnamkulam, against the order dtd. 22/1/2024.

(2.) Petitioner is the wife of the respondent. She filed the above O.P claiming exclusive title over the property covered by document No.1617/1998 of SRO Mullassery and for permanent prohibitory injunction. At the same time, the respondent filed O.P.568/2018 before the Family Court, Thrissur against the petitioner claiming partition of his 1/2 share from the property covered by the very same document. O.P. 568/2018 was subsequently transferred to the Family Court, Kunnamkulam, wherein it was renumbered as OP.2435/2023.

(3.) In the OP filed by the respondent, evidence was taken by the Family Court and the case stands posted for final arguments, whereas, in the OP filed by the petitioner, even the service of process was not complete. In I.A. No.6/24 the petitioner prayed for staying the suit filed by the respondent under Sec. 10 of the Code of Civil Procedure. As per the impugned order, the learned Family Court Judge dismissed the I.A. Dissatisfied with the above order, the petitioner approached this Court by invoking the power under Article 227 of the Constitution of India.