DEEPA Vs. ACHUTHAN PILLAI

JUDGEMENT

(1.) The appellant herein was the petitioner in O.P.No.1068 of 2019 on the files of Family Court, Nedumangad. The brief facts leading to the filing of the Mat.Appeal are as follows : The appellant filed the petition inter alia seeking a declaration that the appellant is the daughter of the respondent and had sought consequential reliefs including share in the property of the respondent. The petition was resisted by the respondent denying the paternity claim of the appellant and contending that the original petition was barred by res judicata for the reason that the appellant and her mother had earlier filed O.P.No.1251 of 2017 inter alia seeking declaration of marital status of the appellant's mother and their share over petition schedule property owned by the respondent and that the said petition had culminated in a dismissal.

(2.) The Family Court after meticulous examination of the materials on record, declared the appellant as the daughter of the respondent and held that the suit was not hit by principles of res judicata.

(3.) However, the appellant has chosen to file this appeal contending that the Family Court erred in limiting the relief to a declaration of paternity, by finding the incidental prayers regarding share in the property of the respondent and the injunction against alienation, has been held to be relinquished.