Kerala High Court
Manu Chandy Jacob vs Sally on 1 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 01ST DAY OF FEBRUARY 2021/12TH MAGHA,1942
WP(C).No.29116 OF 2020(L)
PETITIONERS:
1 MANU CHANDY JACOB, AGED 48/2020 YEARS,
S/O.T.J.JACOB, THAZHATHATHIL HOUSE,
MNRA 169, MAVELI NAGAR, NEAR CUSAT,
SOUTH KALAMASSERY, KOCHI-682 022,
REPRESENTED BY HIS GUARDIAN,RESPONDENT NO.2
APPOINTED AS PER ORDER DATED 19.06.2018 IN
OP(MH)NO.1126 OF 2018 BY THE HON'BLE VITH ADDL
DISTRICT COURT, ERNAKULAM.
2 T.J.JACOB, AGED 86/20, S/O.T.C.JOHN,
THAZHATHATHIL HOUSE, MNRA 169,MAVELI NAGAR,
NEAR CUSAT,SOUTH KALAMASSERY, KOCHI-682 022.
3 MRS.MERCY JACOB, AGED 75/2020,
W/O.T.J.JACOB, THAZHATHATHIL HOUSE,
MNRA 169, MAVELI NAGAR, NEAR CUSAT,
SOUTH KALAMASSERY, KOCHI-682 022.
BY ADVS.
SMT.SADHANA KUMARI ESWARI
SMT.ANUSHA P SIVANANDAN
RESPONDENTS:
1 SALLY, AGED 46/2020,
W/O.MANU CHANDY JACOB,
D/O.MR.KURIAKOSE, KATTUPADATH HOUSE,
EDAYAR P.O., PIN-686 662, KOOTHATTUKULAM.
2 STATE OF KERALA, REPRESENTED BY SECRETARY,
DEPARTMENT OF LAW, SECRETARIAT,
TRIVANDRUM-695 001.
R1 BY ADV. SRI.P.DALBI EMMANUEL
GOVT. PLEADER - SMT.RASHMI K.M
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.29116/2020
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 1st day of February, 2021
Petitioners 1 to 3 are before this Court seeking to
direct the early disposal of pending cases, namely MC
No.1/2015 pending before the JFCM, Kalamassery, Criminal
Appeal No.281/2020 pending before the 7 th Additional District
Court, Ernakulam and OP No.985/2014, OP No.2228/2014,
OP No.2198/2017 and MC No.1/2017 pending before the
Family Court, Ernakulam, within a time limit to be fixed by this
Court.
2. The petitioners submit that petitioners 2 and 3 are
aged parents of the 1st petitioner, who is allegedly ill and is
represented by legal guardian. The 2 nd petitioner is aged 86
years and the 3rd petitioner is aged 75 years. They are bed
ridden. The 1st petitioner became allegedly ill after five years
of marriage. The 1st petitioner filed a divorce case on
WP(C)No.29116/2020
21.05.2014 against the 1st respondent. The 1st respondent
filed petition under Section 12 of the Protection of Women
from Domestic Violence Act, 2005, as a counterblast on
30.09.2014.
3. MC No.1/2015 filed under the Protection of Women
from Domestic Violence Act, 2005, is pending before the
JFCM, Kalamassery since 2014. The evidence in the case
was started on 28.05.2016 and closed on 06.10.2020. The
attempts made by the Magistrate for completing the final
hearing was frustrated by the 1 st respondent by filing appeal
before the District and Sessions Court. The evidence in the
Family Court matter though started on 12.03.2019, it could not
be completed. An Advocate Commissioner was appointed.
The evidence of the petitioner was completed. The Advocate
Commissioner surrendered her warrant stating that she is not
able to complete the evidence as the 1 st respondent was not
co-operating. The 1st respondent did not turn up to adduce
evidence. Till now, the evidence of the 1 st respondent could
not be started due to the non-cooperation of the 1 st
WP(C)No.29116/2020
respondent. It is under these circumstances that the
petitioners have filed this writ petition.
4. This Court sought a report from the Family Court,
Ernakulam as regards the matters. It is informed by the
Family Court to the Registrar(Judicial) of this Court that joint
trial was commenced in the cases pending before the Family
Court, treating OP No.985/2014 as the leading case. The said
case was filed by the 1st petitioner herein. OP No.2228/2014
was filed by the 1st respondent. Yet another OP
No.2198/2017 is filed by the 2 nd petitioner herein seeking
decree of declaration and permanent prohibitory injunction
against the 1st respondent. MC No.1/2017 was filed by the 1 st
respondent invoking Section 125 Cr.P.C. against the
petitioners seeking maintenance.
5. The Family Court, Ernakulam informed that the
cases were being called before the Kochi Camp of the Family
Court and an Advocate Commissioner was deputed to record
evidence and she partly recorded the evidence of the 2 nd
petitioner. The Advocate Commissioner submitted an interim
WP(C)No.29116/2020
report stating difficulty to take evidence in the case due to the
non-cooperation of the counsel. Accordingly, the rest of the
re-examination of the 2nd petitioner is seen to have been
recorded before Court and his examination is completed on
13.02.2020 and the case was posted for evidence to
16.04.2020. Due to Covid-19 pandemic, the case was
adjourned and now stands posted to 11.02.2021 for further
part of evidence.
6. I have heard the learned counsel for the petitioners.
In spite of service of notice on the 1 st respondent, the 1st
respondent is not represented in the writ petition.
7. The Family Court matters relate back to the year
2014. Therefore, there is no reason to prolong the matters
further. In the circumstances, the Family Court, Ernakulam is
directed to take up OP No.985/2014, OP No.2228/2014, OP
No.2198/2017 and MC No.1/2017 and dispose of the same,
as expeditiously as possible, within a period of three months.
The JFCM, Kalamassery is directed to dispose of MC
No.1/2015 and the 7th Additional District Court, Ernakulam is
WP(C)No.29116/2020
directed to dispose of Criminal Appeal No.281/2020, within a
period of three months.
Writ petition is disposed of as above.
Sd/-
N. NAGARESH, JUDGE
aks/02.02.2021
WP(C)No.29116/2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE COPY OF THE ORDER IN THE INTERIM
APPLICATION CMP 75A/2015.
EXHIBIT P2 COPY OF THE ORDER 21.11.2017 IN W.P.
(C)NO.31784 OF 2017.
EXHIBIT P3 THE COPY OF THE ORDER IN THE OP(MH)NO.1126
OF 2017 DATED 19.06.2018.
EXHIBIT P4 COPY OF THE ORDER DATED 23.01.2020 IN
CR.M.C.NO.8204/2019.
EXHIBIT P5 THE COPY OF THE PETITION FILED BY THE
RESPONDENT CMP 1179/2020.
EXHIBIT P6 THE COPY OF THE ORDER IN CMP NO.1179/20 IN
M.C.01/2015 PRODUCED DATED 30.09.2020.
EXHIBIT P7 COPY OF THE PETITION CMP 1273/20.
EXHIBIT P8 COPY OF THE ORDER DISMISSING PETITION CMP
1273/2020 DATED 04.11.2020.
ncd
