Mohanan,J:
The petitioner herein is the second respondent in Ext.P2 original petition and father-in-law of the respondent herein. The grievance projected by the petitioner in the above original petition is that Ext.P1 order of the Family Court is illegal and incorrect since the evidence recorded by the Advocate Commissioner is not disputed by the parties to the dispute and therefore, Ext.P1 is liable to be quashed and the Family Court has to proceed with O.P.No.1426 of 2009 on the basis of the evidence already recorded by the Advocate Commissioner.
2. We heard the counsel appearing for the petitioner as well as the counsel appearing for the respondent.
3. While admitting the above O.P., by order dated 23.10.2014, this Court directed the Registry to get a report from the Family Court about the matter viz., the status of the person, who took evidence, as a lawyer and the details, if any, which are against her and which were before the Family Court. On the basis of the above direction, when the Registry sought for report, the learned Judge of the Family Court, Thrissur reported as follows:-
“..........in pursuance of the above OM, I made enquiry in the matter and understood that as per a complaint dated 3.12.2013 by the Bar Association, Thrissur, a crime was registered as Crime No.1912 of 2013, Thrissur Town West Police Station for offence under Section 468,471 IPC against Deepa Sunilkumar,38/2013,W/o.Sunilkumar, Kolath House, Chembukkavu.P.O., Thrissur. The investigation conducted by the police so far revealed that the aforesaid Deepa Sunilkumar has applied for getting membership from the Thrissur Bar Association on 15.12.2012 by showing her enrollment number as K/452/2009. Sh has also produced copy of the enrollment certificate in her name. The date of enrollment stated to be on 29.11.2009. The police investigation also revealed that Smt.Deepa Sunilkumar has forged enrollment certificate and the enrollment number given by her is pertaining to Kum.Bhagyam.K., Vijaya Sadanam, Elankamangalam, Enathu Post, Pathanamthitta. The Police have also produced the enrollment certificate of Kum.Bhagyam bearing the very same number. The Police reported that Smt.Deepa Sunilkumar has absconded and the investigation is in progress.”
4. In the very same report, the learned Judge of the Family Court has informed this Court that in the Family Court, Thrissur, the above named person was appointed as Commissioner for recording the evidence in two cases, OP 1426 of 2009 and OP 2077 of 2010, out of which OP No.2077 of 2011 was settled between the parties after recording the evidence. Hence, in that case, the evidence recorded by Deepa Sunilkumar was not considered. In O.P.No.1426 of 2009, when the matter was taken for arguments, the question of authenticity of the report submitted by the Commissioner was considered and the learned Judge ordered that fresh evidence has to be taken.
5. In the light of the above report, we are of the opinion that the Family Court is right in passing Ext.P1 order. It is already brought on record that Advocate Deepa Sunilkumar, who is appointed as Advocate Commissioner, was not having the requisite qualification and she is not an Advocate on record, but she committed fraud on the court not only in the Family Court but in the courts at Thrissur. So, the learned Judge of the Family Court rightly decided to discard the evidence already recorded by such an incompetent person and to proceed with the trial after recording the evidence afresh. So, we find no ground to interfere with Ext.P1 order and as this original petition is devoid of any merit, the same is dismissed.
V.K.MOHANAN, Judge K. HARILAL, MBS/ Judge.