IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
OP (FC).No.444 OF 2020
AGAINST OP NO.1706/2016 OF THE FAMILY COURT, TRIVANDRUM
PETITIONER/PETITIONER:
SREEJITH, AGED 34 YEARS, S/O.SREEDHARAN,
MANNAYATH HOUSE, KARODE, VILAPPILSALA,
VILAPPILSALA P.O., THIRUVANANTHAPURAM DISTRICT,
PIN CODE 695 573.
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENT/RESPONDENT:
ANJANA M.A., AGED 31 YEARS
D/O.AJITHAKUMARI, ANJANA HOUSE, T.C.7/1507(1), KWRA-
99, KATTACHAL ROAD, THIRUMALA P.O.,
THIRUMALA VILLAGE, THIRUVANANTHAPURAM DISTRICT
PIN CODE 695 006.
R1 BY ADV. SRI.J.R.PREM NAVAZ
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No.444 OF 2020 2
JUDGMENT
Dated this the 8th day of January, 2021 K. Vinod Chandran, J.
The petitioner is before us claiming gross delay in consideration of an original petition filed for divorce in the year 2016. There were three litigations pending between the petitioner and respondent. The respondent-wife filed an application for restitution of conjugal rights and also for return of money and gold ornaments entrusted to the husband at the time of marriage. All the three cases were posted for joint trial. The wife consistently failed to appear before the Family Court. The application filed by the wife for restitution of conjugal rights and return of OP (FC).No.444 OF 2020 3 money and gold ornaments were dismissed for default sometime in the year 2017. The divorce O.P. has been pending from that day. The evidence of the husband was completed on 24.09.2019. The wife also filed a Proof Affidavit, but she did not turn up for cross-examination. Arguments were heard on 27.02.2020. However, the matter is being consistently posted for hearing. It is seen from the original petition that the matter is posted on 04.04.2020, 21.08.2020 and 04.11.2020 again for hearing.
2. The facts as stated in the original petition trouble us especially since the wife has succeeded in thwarting the efforts of the husband to get a divorce for the last four years and the Court has been a silent accomplice to that. In the OP (FC).No.444 OF 2020 4 present O.P. also notice was issued to the wife and served. However, none appeared for the respondent.
3. In such circumstances, we are of the opinion that the original petition has to go in favour of the petitioner. The Family Court is directed to verify the records and if the submissions made in the original petition is found to be correct, it is high time the hearing was concluded and an order passed in the divorce petition. The petitioner is directed to appear before the Family Court on 21.01.2021, on which date the Family Court shall fix a date of hearing within one week thereafter; carry out hearing and dispose of the case expeditiously within three weeks from the date of hearing.
OP (FC).No.444 OF 2020 5
The original petition is disposed of.
Sd/-
K. VINOD CHANDRAN, Judge.
Sd/-
M.R. ANITHA, Judge.
sp/08/01/2021 //True Copy// P.A. To Judge OP (FC).No.444 OF 2020 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE PETITION IN O.P NO.
1706/2016 ON THE FILE OF THE FAMILY COURT, THIRUVANANTHAPURAM EXHIBIT P2 PHOTOPHOTOCOPY OF THE OBJECTION FILED BY THE RESPONDENT IN O.P NO. 1706/2016