Neethu I.S vs Sajesh Babu B

Citation : 2022 Latest Caselaw 5640 Ker
Judgement Date : 27 May, 2022

Kerala High Court
Neethu I.S vs Sajesh Babu B on 27 May, 2022
         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
       THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                             &
         THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
   FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                  OP (FC) NO. 173 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP 729/2019 OF FAMILY COURT,
                        NEDUMANGAD
PETITIONER/S:

         NEETHU I.S, AGED 35 YEARS,
         D/O K. INDIRA, UTHRAM,
         IDAVAL, OTTASEKHARAMANGALAM,
         KEEZAZOOR VILLAGE,
         NEYYATTINKARA TALUK,
         THIRUVANANTHAPURAM., PIN - 628526.
         BY ADVS.
         V.H.JASMINE
         JESWIN P.VARGHESE
         R.SUSHA
         REETHU JACOB


RESPONDENT/S:

         SAJESH BABU B, AGED 45 YEARS,
         S/O T.A.BALAKRISHNAN,
         THARAKAN PARAMBIL HOUSE,
         ARAKKULAM P.O, ARAKKULAM VILLAGE,
         THODUPUZHA TALUK, IDUKKI,
         PIN - 685595.


THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
27.05.2022, ALONG WITH OP (FC).180/2022, 181/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(FC) No.173/2022 & conn.cases        2




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                      &
            THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
    FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                       OP (FC) NO. 180 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP 1515/2019 OF FAMILY COURT,
                                  NEDUMANGAD
PETITIONER/S:

     1      NEETHU I.S., AGED 35           YEARS,
            D/O. INDIRA, UTHRAM,           IDAVAL,
            OTTASEKHARAMANGALAM,           KEEZAROOR VILLAGE,
            NEYYATTINKARA TALUK,           THIRUVANANTHAPURAM.,
            PIN - 628526.
     2      INDIRA, AGED 65 YEARS,
            W/O.SASIDHARAN, UTHRAM,
            IDAVAL, OTTASEKHARAMANGALAM,
            KEEZAROOR VILLAGE, NEYYATTINKARA TALUK,
            THIRUVANANTHAPURAM., PIN - 628526.
            BY ADVS.
            V.H.JASMINE
            JESWIN P.VARGHESE
            R.SUSHA
            REETHU JACOB

RESPONDENT/S:

            SAJESH BABU B., AGED 45 YEARS,
            S/O T.A BALAKRISHNAN, THARAKAN PARAMBIL HOUSE,
            ARAKKULAM P.O, ARAKKULAM VILLAGE,
            THODUPUZHA TALUK, IDUKKI., PIN - 685595.


THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
27.05.2022, ALONG WITH OP (FC).173/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(FC) No.173/2022 & conn.cases        3




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                      &
            THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
    FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                       OP (FC) NO. 181 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP 405/2021 OF FAMILY COURT,
                                  NEDUMANGAD
PETITIONER/S:

            NEETHU I.S., AGED 35 YEARS,
            S/O K. INDIRA, UTHRAM, IDAVAL,
            OTTASEKHARAMANGALAM, KEEZAROOR VILLAGE,
            NEYYATTINKARA TALUK,
            THIRUVANATHAPURAM DISTRICT,
            PIN - 628526.
            BY ADVS.
            V.H.JASMINE
            JESWIN P.VARGHESE
            REETHU JACOB
            R.SUSHA


RESPONDENT/S:

            SAJESH BABU B., AGED 45 YEARS,
            S/O T. A.BALAKRISHNAN, THARAKAN PARAMBIL HOUSE,
            ARAKKULAM P.O, ARAKKULAM VILLAGE, THODUPUZHA
            TALUK, IDUKKI DISTRICT, PIN - 685595.


THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
27.05.2022, ALONG WITH OP (FC).173/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(FC) No.173/2022 & conn.cases        4




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                      &
            THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
    FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                       OP (FC) NO. 182 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP 953/2020 OF FAMILY COURT,
                                  NEDUMANGAD
PETITIONER/S:

            NEETHU I.S., AGED 35 YEARS,
            D/O.K.INDIRA, UTHRAM, IDAVAL,
            OTTASEKHARAMANGALAM, KEEZAROOR VILLAGE,
            NEYYATTINKARA TALUK,
            THIRUVANANTHAPURAM, PIN - 628526
            BY ADVS.
            V.H.JASMINE
            JESWIN P.VARGHESE
            R.SUSHA
            REETHU JACOB


RESPONDENT/S:

            SAJESH BABU B., AGED 45 YEARS.
            S/O. T.A. BALAKRISHNAN,
            THARAKAN PARAMBIL HOUSE,
            ARAKKULAM P.O, ARAKKULAM VILLAGE,
            THODUPUZHA TALUK,
            IDUKKI, PIN - 685595


THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
27.05.2022, ALONG WITH OP (FC).173/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(FC) No.173/2022 & conn.cases       5




                                  JUDGMENT

[OP (FC) Nos.173/2022, 180/2022, 181/2022, 182/2022] A.Muhamed Mustaque, J.

These matters are between the same parties. The cases are pending before the Family Court, Nedumangad.

The petitioner moved the application for early disposal. That has not been considered. Accordingly, the petitioner is before us. We called for remarks from the learned Presiding Officer. The learned Presiding Officer reported that joint trial of the case was allowed on 20/4/2022. However, nothing has been stated about whether the early hearing petition has been allowed for the conclusion of the proceedings.

Anyway, we leave the matter to the Family Court. It is for the Family Court to consider the request for early disposal of the cases. We also expect the Family Court to pass orders on the early hearing petition in OP(FC) No.173/2022 & conn.cases 6 accordance with the directions in the Division Bench judgment of this Court in Shiju Joy v. Nisha [2021 (2) KLT 607].

These original petitions are disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE Sd/-

SOPHY THOMAS, JUDGE ln OP(FC) No.173/2022 & conn.cases 7 APPENDIX OF OP (FC) 180/2022 PETITIONER'S EXHIBITS Exhibit-P1 THE TRUE COPY OF THE PETITION IN O.P.NO.1515/2019 ON THE FILES OF FAMILY COURT, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT DATED 19.12.2019.

Exhibit-P2 THE TRUE COPY OF I.A.NO.1/2022 IN O.P.NO.1515/2019 ON THE FILES OF FAMILY COURT, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT DATED 10.03.2022.

OP(FC) No.173/2022 & conn.cases 8 APPENDIX OF OP (FC) 181/2022 PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE OP.NO. 405/2021 BEFORE THE FAMILY COURT NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. DATED 26.03.2021.

Exhibit P2 TRUE COPY OF THE IA NO. 1/2022 IN OP.

NO. 405/2021 FILED BEFORE THE FAMILY COURT, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT DATED 10.03.2022.

OP(FC) No.173/2022 & conn.cases 9 APPENDIX OF OP (FC) 182/2022 PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE O.P.NO.953/2020 DATED 12.10.2020 ON THE FILE OF FAMILY COURT, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. Exhibit P2 TRUE COPY OF I.A.NO.2/2022 IN O.P.NO.953/2020 DATED 10.03.2022 ON THE FILE OF FAMILY COURT, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT.

OP(FC) No.173/2022 & conn.cases 10 APPENDIX OF OP (FC) 173/2022 PETITIONER'S EXHIBITS:

Exhibit-P1 TRUE COPY OF THE O.P.NO.729/2019 DATED 19.06.2019 ON THE FILE OF FAMILY COURT, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT.

Exhibit-P2 TRUE COPY OF I.A.NO.2/2022 IN O.P.NO.729/2019 DATED 10.03.2022 ON THE FILE OF FAMILY COURT, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT.