Hail Mary Jose vs Joby George
2021 Latest Caselaw 17413 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                      &
               THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
      WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
                         O.P.(FC) NO.135 OF 2021
IN O.P.NO.1130 OF 2020 ON THE FILE OF THE FAMILY COURT, THRISSUR.
PETITIONER:

              HAIL MARY JOSE,
              AGED 25 YEARS, D/O JOSE MAROKKY,
              PACHANTHOMAKKUTTY,
              MAROKKY (H),
              IRINGAPPURAM, PUTHENPALLI P.O.,
              THRISSURD DISTRICT

              BY ADVS.
              S.SREEKUMAR (SR.)
              P.MARTIN JOSE
              P.PRIJITH
              THOMAS P.KURUVILLA
              R.GITHESH
              AJAY BEN JOSE
              SACHIN JACOB AMBAT
              HARIKRISHNAN S.



RESPONDENT:

              JOBY GEORGE,
              AGED 36 YEARS, S/O KAIPPANGAL GEORGE,
              KAIPPANGAL HOUSE,
              MULAYAM P.O., MNATHAICHIRA,
              THRISSUR.

              BY ADVS.SRI.RAJAN VISHNURAJ
                      SRI.V.HARISH

     THIS O.P.(FAMILY COURT) HAVING COME UP FOR ADMISSION           ON
25.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(FC) NO.135 OF 2021
                                          -2-

                                    JUDGMENT

A. MUHAMED MUSTAQUE, J.

This original petition has been filed for a speedy disposal of

O.P.No.1352 of 2020 on the file of the Family Court, Thrissur.

2. The parties were referred for mediation and the mediation failed.

The petitioner submits that on account of peculiar facts and circumstances of

the case, the matter requires a speedy disposal.

3. In regard to the disposal of pending cases, a Division Bench of

this Court in Shiju Joy v. Nisha [2021 (2) KLT 607] has given necessary

guidelines for disposal of matters before the Family Court. Even for advance

hearing of such cases for any valid reason, the parties have to move before

the Family Court at the first instance. The Family Court shall follow the

guidelines issued by the Division Bench in the above case for disposal of such

matters. With liberty to move the Family Court as referred in the above

judgment to seek advance hearing, the original petition is disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

DR. KAUSER EDAPPAGATH JUDGE bpr O.P.(FC) NO.135 OF 2021

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF O.P.NO.1130 OF 2020 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THRISSUR.

EXHIBIT P2 TRUE COPY OF I.A.NO.2 OF 2020 IN EXHIBIT P1 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THRISSUR.

EXHIBIT P3 TRUE COPY OF OBJECTION TO EXHIBIT P2 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, THRISSUR.

EXHIBIT P4 TRUE COPY OF O.P.NO.1352 OF 2020 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THRISSUR.

EXHIBIT P5 TRUE COPY OF REPLY AFFIDAVIT DATED 20.09.2016 FILED BY THE RESPONDENT IN O.P.(CRL) NO.332 OF 2016 BEFORE THE HON'BLE HIGH COURT.

EXHIBIT P6 TRUE COPY OF PROOF AFFIDAVIT FILED BY THE RESPONDENT IN M.C.NO.443 OF 2014 BEFORE THE FAMILY COURT, THRISSUR.

EXHIBIT P7 TRUE COPY OF ORDER DATED 27.05.2017 IN M.C.NO.

443 OF 2014 OF FAMILY COURT, THRISSUR.

EXHIBIT P8 TRUE COPY OF ORDER DATED 19.09.2018 IN G.O.P.NO.709 OF 2017 OF THE FAMILY COURT, THRISSUR.

EXHIBIT P9 TRUE COPY OF INDIAN PASSPORT OF THE WIFE OF THE RESPONDENT MRS ANU THOMAS

EXHIBIT P10 TRUE COPY OF FIR IN CRIME NO.3377 OF 2020 OF THRISSUR EAST POLICE STATION.

EXHIBIT P11 TRUE COPY OF O.P.NO.1209 OF 2020 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT THRISSUR SEEKING RESTITUTION OF CONJUGAL RIGHTS. O.P.(FC) NO.135 OF 2021

EXHIBIT P12 TRUE COPY OF I.A.NO.6 OF 2020 IN O.P.NO.

1209/2020 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, THRISSUR.

EXHIBIT P13 TRUE COPY OF OBJECTION TO EXHIBIT P12 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THRISSUR.