Vidya Vijayan vs Muthukannan J
2021 Latest Caselaw 6634 Ker

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OP (FC).No.139 OF 2021

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                  &

                  THE HONOURABLE MR.JUSTICE C.S.DIAS

 WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                        OP (FC).No.139 OF 2021

            OP 2616/2018 OF FAMILY COURT,TRIVANDRUM


PETITIONER/S:

                VIDYA VIJAYAN
                AGED 35 YEARS
                D/O. LATE SYAMALA VIJAYAN, MATHRUSMRUTHI,
                MARUTHANKUZHI, KANJIRAMPARA P. O.,
                THIRUVANANTHAPURAM - 695 013.

                BY ADV. SRI.R.V.SREEJITH

RESPONDENT/S:

                MUTHUKANNAN J.
                AGED 39 YEARS
                S/O. JOSHUVA CHELLAPPA, C/O. J. BALU, 35/1, 2ND
                FLOOR, PADDY, FLOWER MARKET COMPLEX, MATHUTHAVINI,
                MADURAI, TAMILNADU - 625 007, NOW RESIDING AT
                NO.151, TANU, 1ST STREET, OPHAKADAI, MADURAI, PIN -
                625 107.


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP (FC).No.139 OF 2021



         A.MUHAMED MUSTAQUE & C.S.DIAS, JJ.
             ======================
                  OP(FC) No.139 of 2021
             ======================
         Dated this the 24th day of February, 2021.

                           JUDGMENT

A.MUHAMED MUSTAQUE , J.

This original petition has been filed for the

expeditious disposal of OP No.2616/2018 on the files

of the Family Court, Thiruvananthapuram. OP

No.2616/2018 is filed for the dissolution of marriage

between the petitioner and the respondent.

2. The petitioner herein is the wife. According

to her, though notice has been served on the

respondent in OP No.2616/2018, he hardly appears

before the Court and no written objection has been

filed till date. However, the Family Court is not setting

the respondent ex parte, but is unnecessarily

adjourning the case for further consideration from time

to time.

3. It is seen from Ext P3 proceedings that the

OP (FC).No.139 OF 2021

matter has been posted for appearance of parties on

23.6.2021. We are of the view that if the respondent

does not appear and contest the matter on 23.6.2021,

the Family Court has to set him ex parte and proceed

with the case and conclude the matter without further

delay. As the direction is being given only to the

Family Court, we have dispensed with notice to the

respondent.

The original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

                                         C.S.DIAS
   Sks/24.2.2021                           JUDGE

OP (FC).No.139 OF 2021


                            APPENDIX
   PETITIONER'S/S EXHIBITS:

   EXHIBIT P1            TRUE COPY OF THE ORIGINAL PETITION

NO.2616/2018 DATED 21.11.2018 BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE COPY OF THE PROCEEDING SHEET IN O.P.NO.2616 OF 2018.

EXHIBIT P3 TRUE COPY OF THE CASE STATUS DOWNLOADED FROM E-COURT IN OP. NO.2616 OF 2018.

EXHIBIT P4 TRUE COPY OF THE I.A.NO.1/2021 IN O.P.

(G&W) NO.885 OF 2019, BEFORE THE HON'BLE FAMILY COURT, THIRUVANANTHAPURAM.