Baburaj V vs Viswa Jyothi T.R
2021 Latest Caselaw 5633 Ker

OP (FC).No.77 OF 2021               1


                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                    THE HONOURABLE MR. JUSTICE A.HARIPRASAD

                                        &

                 THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

        TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                             OP (FC).No.77 OF 2021

     AGAINST THE ORDER/JUDGMENT IN OPHMA 47/2020 OF FAMILY COURT,
                              NEDUMANGAD


PETITIONER/S:

                    BABURAJ V.
                    AGED 53 YEARS
                    S/O.VASUDEVAN PILLAI,KRISHNA SREE,
                    THRIVENI,PERAYAM.P.O, PANAVOOR VILLAGE,NEDUMANGAD
                    TALUK,
                    THIRUVANANTHAPURAM.

                    BY ADVS.
                    SRI.G.P.SHINOD
                    SRI.GOVIND PADMANAABHAN
                    SHRI.AJIT G ANJARLEKAR

RESPONDENT/S:

                    VISWA JYOTHI T.R.
                    D/O.RAJAMMA,MANIVILA PUTHEN VEEDU,
                    VAYALIKADA MUTTADA.P.O,NOW RESIDING AT KRISHNA
                    SREE,R.S.PURAM,PERAYAM.P.O,
                    PANAVOOR VILLAGE,NEDUMANGAD TALUK,
                    THIRUVANANTHAPURAM-695562.


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION                ON
16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC).No.77 OF 2021                     2




                    A.HARIPRASAD & P.V.KUNHIKRISHNAN, JJ
                      -------------------------------------------------
                                 O.P. (F.C) No. 77 of 2021
                                 --------------------------------
                     Dated this the 16th day of February, 2021


                                         JUDGMENT

A.Hariprasad, J.

Heard the learned counsel for petitioner.

2. The prayer in the petition reads as follows :

(i) "direct the Family Court, Nedumangad to dispose of OP(HMA) 47/2020 on its files, expeditiously at any rate within a time limits prescribed by this Honourable Court.

(ii) Grant such other and further reliefs that this Honourable Court may deem fit and proper in the facts and circumstances of the case."

3. Considering the nature of the relief sought for in the original

petition, we do not deem it necessary to issue notice to the respondent

in this case. As directed by this Court, Judge, Family Court, Nedumangad

submitted a report dated 12.2.2021 stating that in OP(HMA)

No.47/2020, which is sought to be disposed of on an earlier date, the

respondent has not entered appearance so far. Citing various details

regarding the pendency of cases, the learned Judge has requested for 6

months time for trial and disposal of the case from the date of

appearance of the respondent.

Having regard to the facts and circumstances of this case, we

direct the Judge, Family Court, Nedumangad to dispose of OP(HMA)

No. 47/2020 pending before the Family Court, Nedumangad within 6

months from the date of appearance of the respondent.

sd/-

A.HARIPRASAD JUDGE

sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JOINT PETITION FOR DIVORCE DATED 22.08.2016 IN OP.NO.913/2016 OF THE FAMILY COURT,NEDUMANGAD.

EXHIBIT P2 TRUE COPY OF THE PETITION FOR DIVORCE DATED 7.1.2020 IN OP(HMA)NO.47/2020 OF THE FAMILY COURT,NEDUMANGAD.