Dhanya vs Sreejith
2021 Latest Caselaw 1520 Ker

OP (FC).No.543 OF 2020

                                1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                &

               THE HONOURABLE MR.JUSTICE C.S.DIAS

 THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                     OP (FC).No.543 OF 2020

 AGAINST THE ORDER/JUDGMENT IN OP 609/2018 OF FAMILY COURT,
                        KOTTARAKKARA


PETITIONER/PETITIONER IN O.P:

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

              BY ADV. SRI.K.V.ANIL KUMAR

RESPONDENTS/RESPONDENTS IN O.P:

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

      2       VALSALAKUMARI,
              W/O. THULASEEDHARAN PILLAI,
              ANIL BHAVAN (KUTTIYARNAVILA), KURAKKANNI DESOM,
              VARKALA VILLAGE, VARKALA THALUK,
              THIRUVANANTHAPURAM DISTRICT 695 141.


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.543 OF 2020

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                         JUDGMENT

Dated this the 14th day of January 2021

A.Muhamed Mustaque, J.

This original petition is filed for the expeditious

disposal of O.P. No.609/2018 on the file of the Family

Court, Kottarakkara.

2. Based on the order passed by this Court on

29.12.2020, a report has been submitted by the learned

Judge of the Family Court. The learned Judge of the

Family Court sought one year time from 17.2.2021 for

disposal of the aforesaid case.

3. It is stated in the report that this Court had set

time limit for the disposal of 12 cases at the earliest. It

is also stated that there are many cases pending from

2015 onwards..

4. We, exercising the power under Article 227 of

the Constitution of India cannot direct the Family OP (FC).No.543 OF 2020

Court, Kottarakara to dispose of the case, without

following the procedure for disposal of such cases

except in rare cases.

In light of the report, we direct the Family Court,

Kottarakara to dispose of O.P. No.609/2018 within the

time limit indicated in the report.

The original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

C.S.DIAS

ma/14.1.2021 /True copy/ JUDGE OP (FC).No.543 OF 2020

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.

EXHIBIT P3 A TRUE COPY OF THE O.P. NO. 609/2018 ON THE FILES OF THE FAMILY COURT, KOTTARAKARA.