Dhanya vs Sreejith
2021 Latest Caselaw 3931 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR.JUSTICE V.G.ARUN

WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                      OP(Crl.).No.21 OF 2021

         MC 292/2016 OF FAMILY COURT, KOTTARAKKARA


PETITIONER/S:

              DHANYA
              AGED 30 YEARS
              S/O. USHAKUMARY, PUTHAYATH THUNDIL VEEDU,
              CHEMMANTHOOR, PUNALUR P.O., PUNALUR TALUK,
              KOLLAM DISTRICT, PIN-691 305.

              BY ADV. SRI.K.V.ANIL KUMAR

RESPONDENT/S:

              SREEJITH
              AGED 32 YEARS
              S/O. THULASEEDHARAN PILLAI, ANIL BHAVAN
              (KUTTIYARNAVILA), KURAKKANNI DESOM, VARKALA
              VILLAGE, VARKALA THALUK, THIRUVANANTHAPURAM
              DISTRICT., PIN-695 141.


    THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON

03.02.2021,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE

FOLLOWING:
 OP(Crl.).No.21 OF 2021
                             2



                          JUDGMENT

Dated this the 3rd day of February, 2021

Petitioner has filed M.C.No.292 of 2016 before

the Family Court, Kottarakara seeking maintenance

from the respondent, her estranged husband. The

grievance of the petitioner is about the

inordinate delay in deciding the maintenance case,

in spite of the respondent having entered

appearance and filed objections.

2. In the report called for by this Court, it

is stated that cases from 2008 onwards are pending

before the Family Court, Kottarakkara. Further,

as per the judgment in O.P.(FC) No.543 of 2020,

this Court has directed to dispose of O.P.No.609

of 2018 filed by the petitioner, for return of

gold ornaments and other reliefs, on or before

17.02.2022. According to the learned Family Court OP(Crl.).No.21 OF 2021

Judge, being connected matters, M.C.No.292 of 2016

has to be taken up along with O.P.No.609 of 2018.

Hence, time up to 17.02.2022 is required for

disposing the maintenance case.

3. This Court having granted time till

17.02.2022 for disposing the original petition, it

is only proper to fix the same time limit for

disposing the maintenance case also. At the same

time, taking into account the fact that no amount

is being paid towards maintenance, the petitioner

can be permitted to submit an interim application

for maintenance and the Family Court directed to

pass orders thereon, without much delay. In view

of the limited relief being granted, notice to the

respondent is dispensed with.

In the result, the original petition is

disposed of, permitting the petitioner to file an

application for interim maintenance and directing OP(Crl.).No.21 OF 2021

the Family Court to pass orders thereon within

three months of submission of the application.

The Family Court shall pass orders on M.C.No.292

of 2016 on or before 17.02.2022.

sd/-

V.G.ARUN JUDGE Scl/03.02.2021 OP(Crl.).No.21 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE M.C.NO.292/2016 ON THE FILES OF THE FAMILY COURT, KOTTARAKARA.

EXHIBIT P2 A TRUE COPY OF THE OBJECTION IN M.C.NO.292/2016 OF THE FAMILY COURT, KOTTARAKARA.