IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 OP (FC).No. 748 of 2011(R) -------------------------- OP.1471/2010 of FAMILY COURT,THRISSUR .................... PETITIONER ------------------------------ MANOHARAN.K.K., AGED 53, S/O.KESAVAN, KONDIYARA HOUSE, KARIAMUTTOM DESOM, VALAPPAD VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): ------------------- DEEPA, D/O.VELLAYIL VEETIL SIVASANKARAN, PUDIYAKAVU DESOM, MATHILAKAM, PAPPINIVATTOM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. 680 664. ADV. SRI.P.SANTHOSH (PODUVAL) FOR R1 SMT.R.RAJITHA FOR R1 THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 29/8/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.FC 748/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A TRUE COPY OF OP NO.1471/2010 DTD.26.8.2010 ON THE FILE OF THE FAMILY COURT, THRISSUR. EXT.P2 A TRUE COPY OF IA NO.5702/2010 IN O.P.NO.1471/2010 DTD.3.9.2010 ON THE FILE OF THE FAMILY COURT, THRISSUR. EXT.P3 A TRUE COPY OF THE ORDER PASSED IN IA NO.5702/2010 IN O.P.NO.1471/2010 DTD.13.12.2010 ON THE FILE OF THE FAMILY COURT, THRISSUR. TRUE COPY P.S.TO JUDGE CSS/ THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. -------------------------------------------------- O.P.(FC) No.748 of 2011 -------------------------------------------------- Dated this the 29th August, 2011 JUDGMENT Thottathil B.Radhakrishnan, J Parties to this litigation have two daughters. The husband was working abroad and the wife is Headmistress of a school. Though there are allegations of serious nature between the parties, the order impugned in this Original Petition is one whereby the Family Court has issued an order to address the Superintendent, Medical College Hospital, Thrissur to constitute a medical board to examine the husband and to send up a report. This is only an order in the course of a family litigation. The wife has certain allegations against the husband which include averments relating to addiction issues. On the whole, the impugned order cannot be treated as in any manner warranting interference under Article 227 of the Constitution. It cannot be characterised as without jurisdiction or out of context or in any manner working injustice between the parties. We, O.P.(FC)No.748 of 2011 2 accordingly, do not find any ground to interfere. In the result, this Original Petition is dismissed. Parties are directed to mark their appearance before the court below on 27th September 2011. Communicate a copy of this judgment to the court below. SD/- THOTTATHIL B.RADHAKRISHNAN JUDGE SD/- K.SURENDRA MOHAN JUDGE TRUE COPY P.S.TO JUDGE css.29/8/11