Ansha vs Suresh
2021 Latest Caselaw 2086 Ker

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OP (FC).No.17 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

   TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                        OP (FC).No.17 OF 2021

   AGAINST THE ORDER/JUDGMENT IN OP 865/2016 OF FAMILY COURT,
                          KOTTARAKKARA


PETITIONER/S:

                ANSHA
                AGED 38 YEARS
                D/O. SUNDARESAN, RESIDING AT CHARUVILA VEEDU,
                VELIYAM P.O., VELIYAM WEST, VELIYAM VILLAGE,
                KOTTARAKKARA TALUK, KOLLAM-690540.

                BY ADVS.
                SRI.M.V.THAMBAN
                SRI.R.REJI

RESPONDENT/S:

                SURESH,
                AGED 41 YEARS, S/O. SASIDHARAN, RESIDING AT
                MELEVILAKATHU VEEDU, KARIVALLIYADU, VAMANAPURAM
                P.O., PULIMATH VILLAGE, KAREETU, CHIRAYANKEEZHU
                TALUK, THIRUVANANTHAPURAM DISTRICT-695606.


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP (FC).No.17 OF 2021




         A.MUHAMED MUSTAQUE & C.S.DIAS, JJ.
            ======================
                  OP(FC)No. 17 of 2021
            ======================
         Dated this the 19th day of January, 2021.

                        JUDGMENT

C.S.DIAS , J.

This original petition is filed seeking a direction to the

Family Court, Kottarakkara to consider and dispose of OP

865/2016 (Ext P1), within a time frame.

2. As the direction is being issued only to the Family

Court for the expeditious disposal of Ext P1, we have

dispensed with notice to the respondent.

3. Pursuant to the order dated 11.1.2021, the learned

Judge of the Family Court has by communication dated

18.1.2021 informed this Court that the Family Court

requires 9 months from 10.2.2021 for the disposal of Ext P1.

4. Having perused the report of the learned Judge of

the Family Court, considered the pleadings and materials on

record and the submission made by the learned counsel

appearing for the petitioner, in exercise of the powers of this

OP (FC).No.17 OF 2021

Court under Article 227 of the Constitution of India, we

direct the Family Court, Kottarakkara to consider and

dispose of Ext P1, in accordance with law, as expeditiously

as possible, at any rate, within 9 months from 10.2.2021.

5. The petitioner shall produce a copy of this

judgment before the Family Court,Kottarakkara, within a

week and also serve a copy of the judgment on the counsel

appearing for the opposite party before the court below.

The original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

                                            C.S.DIAS

SKS/19.1.2021                                   JUDGE

OP (FC).No.17 OF 2021


                            APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1              TRUE COPY OF THE OP NO. 865/2016 ON THE

FILES OF THE HON'BLE FAMILY COURT, KOTTARAKKARA.

EXHIBIT P2 TRUE COPY OF THE PROOF AFFIDAVIT FILED BY THE PETITIONER IN THE OP NO. 865/2016 ON THE FILES OF THE HON'BLE FAMILY COURT, KOTTARAKKARA.