Sajimon K.K vs Roshni Saji
2021 Latest Caselaw 16024 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
       THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
   MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                     OP (FC) NO. 380 OF 2021
     OP(OTHERS) 192/2020 OF FAMILY COURT, KOTTARAKKARA,
PETITIONER/RESPONDENT IN OP192/2020:

         SAJIMON K.K, AGED 51 YEARS, S/O KUNJUKUNJU,
         THONDALIL PUTHEN VEEDU, PANAVELI MURI, PANAVELI
         PO, VETTIKKAVALA VILLAGE, KOTTARAKKARA TALUK,
         KOLLAM 691532

         BY ADV A.SANIL KUMAR



RESPONDENT/PETITIONER IN OP 192/2020:

         ROSHNI SAJI, AGED 47 YEARS, D/O LEELAMMA,
         THONDALIL PUTHEN VEEDU, PANAVELI MURI, PANAVELI
         PO, VETTIKKAVALA VILLAGE, KOTTARAKKARA TALUK,
         KOLLAM 691532


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
02.08.2021,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(FC).No.380/2021

                              -:2:-



                       J U D G M E N T

Dated this the 2nd day of August, 2021

A.Muhamed Mustaque,J.

This original petition is filed for expeditious disposal of OP (Others) No.192/2020 on the files of

Family Court, Kottarakkara. A Division Bench of this

Court in Shiju Joy v. Nisha (2021 (2) KLT 607) directed

the parties to approach the Family Court at the first

instance seeking expeditious disposal. It is

appropriate to reproduce the said directions in regard

to early disposal:

"C. ADVANCED HEARING: Family Courts are permitted to depart from the procedure aforenoted on a motion made by a party for early hearing of a case(s) for any justifiable or valid reason. If any party desires to move an application for early hearing, he/she shall move the Family Court at the first instance. The Family Court shall dispose of such application, as expeditiously as possible, at any rate within two weeks from the date of moving such application. It would be open to the Family Court to pass orders on such applications in the chambers. This court need not entertain any original petitions, filed under Article 227 of the Constitution of India, for early disposal of cases, unless the parties move the concerned Family Court at first instance."

2. The Family Courts are bound to follow all the O.P.(FC).No.380/2021

directions issued by this court while disposing of such

pending matters. We directed the Family Court also to

consider the request of early hearing and pass

appropriate orders if there is any reason for deviating

from the seniority. Otherwise, the Family Court shall

dispose of the same in the light of the general directions issued in the above judgment.

3. It is submitted by the learned counsel for the

petitioner that the petitioner herein is working at

Dubai and he is unable to come to India. If any of the

party is abroad, the Family Court shall permit adducing

evidence through online medium. The directions in the

above judgment shall be scrupulously followed in this

case as well.

The original petition is disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE sd/-

DR. KAUSER EDAPPAGATH JUDGE kp O.P.(FC).No.380/2021

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PETITION IN OP (OTHERS) NO.192/2020 ON THE FILE OF THE FAMILY COURT, KOTTARAKKARA. EXHIBIT P2 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN OP (OTHERS) 192/2020 ON THE FILE OF THE FAMILY COURT, KOTTARAKKARA EXHIBIT P3 TRUE COPY OF THE COUNTER CLAIM FILED BY THE PETITIONER IN OP (OTHERS) NO.192/2020 EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER