Kerala High Court
Anoop vs Asha T on 5 April, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
OP (FC) NO. 237 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.714 OF 2020 OF FAMILY
COURT, ATTINGAL
PETITIONER/S:
1 ANOOP, AGED 39 YEARS, S/O. VIDHYADHARAN,
PUTHENPURACKAL HOUSE, PALLIKKAL,
ADOOR,THENGAMOM P.O,PATHANAMTHITTA,PIN - 690522
2 VASANTHA, AGED 62 YEARS
W/O VIDHYADHARAN, PUTHENPURACKAL HOUSE,
PALLIKKAL,ADOOR, THENGAMOM P.O,
PATHANAMTHITTA, PIN - 690522
BY ADVS.
P.M.JOSHI
SIJI K.PAUL
ELIZABETH KOSHY
BONNY BABY
SRUTHI SUNILKUMAR
C.GOKULKRISHNAN
RESPONDENT/S:
ASHA T, AGED 36 YEARS
D/O. AJAYAKUMAR,SASI VILASAM,
SREENIVASAPURAM, VARKALA, SREENIVASAPURAM P.O,
THIRUVANATHAPURAM DISTRICT, PIN - 69514
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
OP(FC) No.237 of 2024
JUDGMENT
P.M.Manoj, J.
This Original Petition is preferred by the respondents in O.P.No.714 of 2020 on the files of the Family Court, Attingal. The above petition has been filed by the wife of the 1st petitioner herein claiming return of the gold ornaments and money entrusted at the time of marriage. The 2nd petitioner herein is the mother of the 1st petitioner. The petitioners state that the respondent has also preferred M.C.No.157 of 2020 seeking maintenance, and O.P.No.1134 of 2020 seeking dissolution of marriage.
2. Adv.P.M.Joshi, the learned counsel for the petitioner submitted that the pleadings are complete and all that remains is the commencement and conclusion of the trial. It is submitted that the petitioners have preferred an application for joint trial and the same was allowed by order dated 5/9/2023 and the Court has treated O.P. No. 714 of 2020 as the leading case. It is submitted that the petitioner has also filed I.A.No.2 of 24 seeking to expedite the trial and conclude 3 OP(FC) No.237 of 2024 the same within a period of 3 months. The learned counsel submits that the petitioner would be satisfied if the Family Court is directed to consider the application in light of the law laid down in Shiju Joy1.
3. In view of the limited nature of the reliefs sought, notice to the respondent is dispensed with.
4. In Shiju Joy (supra), this Court has formulated guidelines to be borne in mind by the Family Court for prompt and expeditious consideration of matters. It was observed therein that merely because a litigant has reasons or the resources to approach this Court for speedy justice, the same cannot be at the peril of those adhering to the queue. It was also observed that the ritualistic passing of directions for speedy disposal of proceedings is doing more harm than good to the system because contested and deserving cases are being left unattended and the procedure framed by the Family Courts for disposal of cases is getting unsettled. Untimely interventions are clogging the system. In that view of the matter, the only relief that can be granted to the petitioner is to consider the application filed by her in the light of 1 Shiju Joy A. v. Nisha [2021 (2) KHC 462] 4 OP(FC) No.237 of 2024 observations in Shiju Joy (supra).
Having considered the facts and circumstances and the submissions advanced, this Original Petition is disposed of directing the Family Court, Attingal to consider the prayers in I.A No.2 of 2024 in the light of the observations in Shiju Joy (supra), and initiate appropriate steps to expedite the matter.
sd/-
RAJA VIJAYARAGHAVAN V JUDGE sd/-
P.M.MANOJ JUDGE das 5 OP(FC) No.237 of 2024 APPENDIX OF OP (FC) 237/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PETITION(OP NO. 714/2020) DATED 30-06-2020 AGAINST THE PETITIONER AND HIS MOTHER BEFORE THE FAMILY COURT, ATTINGAL Exhibit P2 TRUE COPY OF THE OBJECTION DATED 5-9-23 IN O.P NO.714/20 Exhibit P3 TRUE COPY OF THE PETITION (MC NO. 157/2020) DATED 30-06-2020 AGAINST THE PETITIONER BEFORE THE FAMILY COURT, ATTINGAL Exhibit P4 TRUE COPY OF THE OBJECTION DATED 5-10-23 IN M.C.NO.157/20 BEFORE THE FAMILY COURT, ATTINGAL Exhibit P5 TRUE COPY OF THE PETITION O.P. (H.M) NO.1134/2020 DATED 30- 09-2020 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ATTINGAL Exhibit P6 TRUE COPY OF THE OBJECTION DATED NIL IN O.P. (H.M) NO.1134/2020 BEFORE THE FAMILY COURT, ATTINGA Exhibit P7 TRUE COPY OF THE PETITION, I.A NO.2/2024 DATED 04 -03-2024 IN O.P. NO.714/2020