IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 13TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944
OP (FC) NO. 265 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP 597/2022 OF FAMILY
COURT,ERNAKULAM
PETITIONER/S:
NISHANT KRISHNA NAIR
AGED 30 YEARS
RESIDING AT 9 VAN ZANDT ROAD, SKILLMAN, NJ
08558, USA REPRESENTED BY MY POWER OF ATTORNEY
HOLDER SMT. SARASWATHI BAI NAYAR, AGED 89,
RESIDING AT ZAMBEZI, JNRA E36, G. MADHAVAN
PILLAI ROAD, KARAMANA, THIRUVANANTHAPURAM
695002, KERALA, PIN - 695002
BY ADVS.
O.A.NURIYA
NEBIL NIZAR
FASNA T.Y
RESPONDENT/S:
GITANJALI SURESH
AGED 24 YEARS
FLAT NO.111
HAPPY HOMES 3
KAKKANAD, KOCHI
REPRESENTED BY HER POWER OF ATTORNEY HOLDER,
MR. SREEHARI.P
AGED 56 YEARS
RESIDING AT FLAT 2-B
ABAD SILVER CREST
SUBHASH CHANDRA BOSE ROAD
KADAVANTHRA, KOCHI, PIN - 682032
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
13.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC) No.265 of 2022
-2-
JUDGMENT
Dated this the 13th day of May, 2022 V.G.Arun, J.
The petitioner is aggrieved by the failure to consider and pass orders on his original petition filed for annulment of his marriage on the ground of non-consummation.
2. Learned Counsel for the petitioner submitted that, in spite of the respondent having filed no objection, the original petition is being posted before the CMO of the Family Court. As a result, the case is getting adjourned indefinitely and the parties, both of whom are residing abroad, are put to extreme difficulties.
3. Adv.Amrin Fathima, instructed to appear for the respondent, submitted that the respondent also wants the matter to be taken up and decided at the earliest.
O.P.(FC) No.265 of 2022 -3- Having heard the learned Counsel on either side, we deem it appropriate to direct the Family Court, Ernakulam to take up O.P.No.597 of 2022 in the court on 24.05.2022 and to pass appropriate orders in the matter, taking into account the no- objection filed by the respondent.
Sd/-
V.G.ARUN JUDGE sd/-
P.G.AJITHKUMAR JUDGE Scl/13.05.2022 O.P.(FC) No.265 of 2022 -4- APPENDIX OF OP (FC) 265/2022 PETITIONER EXHIBITS Exhibit1 PASSPORT DETAILS OF NISHANT KRISHAN NAIR Exhibit2 MARRIAGE CERTIFICATE Exhibit3 MARRIAGE ANNULMENT PETITION FILED BY LOWER COURT Exhibit4 POWER OF ATTORNEY OF RESPONDENT Exhibit5 AFFIDAVIT FILED BY RESPONDENT THROUGH POWER OF ATTORNEY Exhibit6 AFFIDAVIT FILED BY RESPONDENT