IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
O.P.(FC)NO.521 OF 2022
IN O.P.(OTHERS)NO.670 OF 2019 ON THE FILES OF THE FAMILY COURT,
ALAPPUZHA
PETITIONER:
SURAMYA S.,
AGED 28 YEARS,
D/O SURESH, VADAKKANTEPARAMBU HOUSE, THOTTAPPALLY
P.O., ALAPPUZHA., PIN - 688561
REPRESENTED BY HER MOTHER AND POWER OF ATTORNEY
HOLDER- SATHYABHAMA, AGED 53 YEARS, W/O SURESH,
VADAKKANTEPARAMBU HOUSE, THOTTAPPALLY P.O.,
ALAPPUZHA., PIN - 688561
BY ADV. ARAVIND GHOSH
RESPONDENTS:
1 VISHNU.V,
AGED 29 YEARS,
S/O VISWAMBHARAN, USHA BHAVANAM, POTHAPPALLY SOUTH,
KUMARAPURAM P.O., HARIPPAD, ALAPPUZHA, PIN - 690548
2 VISWAMBHARAN,
AGED 63 YEARS,
USHA BHAVANAM, POTHAPPALLY SOUTH, KUMARAPURAM.P.O.,
HARIPPAD, ALAPPUZHA, PIN - 690548
3 USHA VISWAMBHARAN,
AGED 58 YEARS,
W/O VISWAMBHARAN, USHA BHAVANAM, POTHAPPALLY SOUTH,
KUMARAPURAM P.O., HARIPPAD, ALAPPUZHA, PIN - 690548
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC)No.521 of 2022
2
JUDGMENT
Anil K. Narendran, J.
The petitioner filed O.P.(Others)No.670 of 2019 before the Family Court, Alappuzha, seeking a decree of divorce, patrimony, and maintenance against the respondents herein. The 1st respondent is the husband and respondents 2 and 3 are his parents. The petitioner has filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the Family Court, Alappuzha to dispose of the interlocutory applications in O.P.(Others)No.670 of 2019, within a time limit to be fixed by this Court. The interlocutory applications are, I.A.No.1249 of 2019 (Ext.P9), which is one filed seeking an order directing the 1 st respondent-husband to pay monthly maintenance at the rate of Rs.5,000/-, I.A.No.2 of 2022 (Ext.P9), an application filed by respondents 2 and 3 herein, seeking an order to set aside the ex- parte order dated 21.07.2022 in O.P.(Others)No.670 of 2019 and I.A.No.4 of 2022 filed by the petitioner herein, seeking expeditious disposal of O.P.(Others)No.670 of 2019.
2. Heard the learned counsel for the petitioner. O.P.(FC)No.521 of 2022 3 Considering the nature of relief proposed to be granted, service of notice on the respondents is dispensed with.
3. In O.P.(Others)No.670 of 2019, the respondents have already been set ex-parte. Respondents 2 and 3, namely, the parents of the 1st respondent-husband have filed Ext.P9 interlocutory application, seeking an order to set aside the order dated 21.07.2022, whereby they were set ex-parte. That application is pending consideration. The interim application filed by the petitioner i.e., I.A.No.1249 of 2019 for interim maintenance is also pending consideration. The grievance of the petitioner is that despite the filing of I.A.No.4 of 2022, an application for early disposal of O.P.(Others)No.670 of 2019, no orders are being passed by the Family Court. The learned counsel for the petitioner would submit that the above interlocutory applications now stand posted to 06.10.2022. Considering the fact that the original petition is of the year 2019, in which respondents 2 and 3 have filed application for setting aside the ex-parte order dated 21.07.2022, which is pending consideration, we deem it appropriate to dispose of this original petition by directing the Family Court, Alappuzha to advance the consideration of I.A.No.4 of 2022 to a near date, on production O.P.(FC)No.521 of 2022 4 of a certified copy of this judgment, and thereafter dispose of the same, as expeditiously as possible, at any rate, within a period of two weeks. Thereafter, the Family Court shall pass appropriate orders on O.P.(Others)No.670 of 2019 and I.A.No.1249 of 2019, as expeditiously as possible, at any rate, within a period of four months.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE MIN O.P.(FC)No.521 of 2022 5 PPENDIX OF OP (FC) 521/2022 PETITIONER'S EXHIBITS:
Exhibit-P1 TRUE COPY OF POWER OF ATTORNEY DATED 30/07/2019 Exhibit-P2 TRUE COPY OF ORIGINAL PETITION OP.NO.670/2019 OF FAMILY COURT, ALAPPUZHA Exhibit-P3 TRUE COPY OF MARRIAGE CERTIFICATE DATED 5/11/2013 Exhibit-P4 TRUE COPY OF IA NO.1/2021 OF FAMILY COURT, ALAPPUZHA IN OP NO.670/2019 DATED 22/03/2021 Exhibit-P5 TRUE COPY OF VAKALATH FILED BY THE FIRST RESPONDENT IN OP NO.670/2019 OF FAMILY COURT, ALAPPUZHA DATED 19/03/2021 Exhibit-P6 TRUE COPY OF IA NO.1249/2019 OF FAMILY COURT, ALAPPUZHA IN OP NO.670/2019 DATED 1/08/2019 Exhibit-P7 TRUE COPY OF OBJECTION FILED BY THE RESPONDENTS 2 AND 3 IN OP NO.670/2019 OF FAMILY COURT, ALAPPUZHA Exhibit-P8 TRUE COPY OF PROOF AFFIDAVIT FILED BY THE POWER OF ATTORNEY OF THE PETITIONER BEFORE THE FAMILY COURT, ALAPPUZHA IN OP NO.670/2019 DATED 29/07/2022 Exhibit-P9 TRUE COPY OF IA NO.2/2022 OF FAMILY COURT, ALAPPUZHA IN OP NO.670/2019 DATED 2/08/2022 Exhibit-P10 TRUE COPY OF B DIARY IN OP NO.670/2019 OF FAMILY COURT, ALAPPUZHA NIL DATED Exhibit-P11 TRUE COPY OF IA NO.4/2022 OF FAMILY COURT, ALAPPUZHA IN OP NO.670/2019 DATED 17/08/2022