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Informative

Kerala High Court on Withdrawal of Original Petition in Family Court Matter.

Update / Judgement Date

26 Nov 2025

Source

WCP News Bulletin

Author

Sakshi Bhardwaj — WCP Legal Desk

Reading Time

2 min read

Civil LawOther Legal Matters
Kerala High Court on Withdrawal of Original Petition in Family Court Matter.
WCP News Bulletin

Headnote:

The Kerala High Court allowed the petitioner to withdraw the original petition filed under O.P.(Crl.) No. 809 of 2025 with liberty to approach the Family Court, North Paravur. The Court dismissed the petition as withdrawn, emphasizing that no adjudication on merits was made.


Background:

  1. The petitioner, Sreekumar, filed the original petition challenging the order dated 22.11.2025 in Crl.M.P. No. 70 of 2023, connected with MC No. 195 of 2018 in the Family Court, North Paravur.
  2. Respondents in the petition included Sangeetha (aged 40) and Sreenanda (aged 19).
  3. The petitioner, through counsel, sought permission to withdraw the petition while retaining the right to pursue remedies before the Family Court.


Court’s Observations:

  1. The petitioner’s counsel requested withdrawal of the original petition with liberty to approach the Family Court.
  2. The Court granted the request and dismissed the petition as withdrawn.
  3. No examination of the substantive claims was undertaken, and the dismissal does not preclude the petitioner from pursuing the matter in the appropriate forum.


Legal Provisions Discussed:

  1. Article 227, Constitution of India – Supervisory jurisdiction of High Court over subordinate courts and tribunals (implicitly applicable in cases of judicial oversight).
  2. Family Court Act, 1984 – Jurisdiction of Family Courts in matrimonial and related matters.

Result

The original petition (O.P.(Crl.) No. 809 of 2025) was dismissed as withdrawn with liberty for the petitioner to approach the Family Court, North Paravur.

Appendix / Exhibits

  1. Exhibit P1: Typed copy of order dated 22.11.2025 in MP 102/2025
  2. Exhibit P2: True copy of MP 102/2025 in MP 70/2023 filed for recalling warrant
  3. Exhibit P3: Photocopies of DD Nos. 244642, 244643, 244645, and 244646
  4. Exhibit P4: Certificate issued by Dr. Prem Narayan dated 13.05.2024
  5. Exhibit P5: Income certificate dated 12.04.2024 issued by Nellappally Village Office
  6. Exhibit P6: License No. 400804/RPTL 20/G.A/2024/2824 dated 06.05.2024
  7. Exhibit P7: Typed copy of order dated 22.11.2025 in Crl.MP 70/2025

Citation: 2025:KER:91440

Case: Sreekumar v. Sangeetha & Ors.

Court: High Court of Kerala at Ernakulam

Coram: Dr. Justice Kauser Edappagath

Date of Decision: 27 November 2025

O.P.(Crl.) No.: 809 of 2025