Kerala High Court
Gangamol vs Kannan on 22 January, 2021
1
OP (FC).No.547 OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942
OP (FC).No.547 OF 2020
OP 894/2018 OF FAMILY COURT, MAVELIKKARA
PETITIONER/S:
GANGAMOL
AGED 28 YEARS
D/O. PUSHPAVALLY, RESIDING AT ARVIND BHAVANAM,
PATHIYOOR WEST, PATHIYOOR VILLAGE, KARTHIKAPALLY
TALUK, ALAPPUZHA - 690516.
BY ADV. SRI.RENJIT GEORGE
RESPONDENT/S:
1 KANNAN
AGED 33 YEARS
S/O. KARUNAKARAN, VILAYASSERIL VEEDU, PATHIYOOR
THOTTAN MURI, PATHIYOOR VILLAGE,KARTHIKAPALLY,
ALAPPUZHA - 690516.
2 KARUNAKARAN
AGED 67 YEARS
VILAYASSERIL VEEDU, PATHIYOOR THOTTAN MURI,
PATHIYOOR VILLAGE,KARTHIKAPALLY, ALAPPUZHA -
690516.
3 DEVAKI,
AGED 60 YEARS
W/O. KARUNAKARAN, VILAYASSERIL VEEDU, PATHIYOOR
THOTTAN MURI, PATHIYOOR VILLAGE,KARTHIKAPALLY,
ALAPPUZHA - 690516.
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP (FC).No.547 OF 2020
A.MUHAMED MUSTAQUE & C.S.DIAS, JJ.
======================
OP(FC) No. 547 of 2020
======================
Dated this the 22nd day of January, 2021.
JUDGMENT
C.S.DIAS , J.
This original petition is filed seeking for the expeditious
disposal of OP No.894/2018 (Ext P1) on the file of the Family
Court, Mavelikkara.
2. Although notice was directed to be issued to the
respondents, as the direction is being issued only to the
Family Court for expeditious disposal of Ext P1, we have
dispensed with service of notice on the respondents.
3. This Court by order dated 4.1.2021 had directed
the Registry to get a report from the Family Court, seeking
the reason why the written-statement was not filed by the
respondents even after expiry of two years.
4. The learned Judge of the Family Court by
communication dated 12.1.2021 has reported that the
service of notice on the respondents was completed only on
OP (FC).No.547 OF 2020
4.11.2019. Thereafter, the parties were referred for
mediation and the case was posted on 28.3.2020 for report.
However, due to the COVID-19 lock down and to maintain
social distancing, the cases were adjourned by way of
notification. The parties who are desirous of having an
expeditious consideration of their cases, were directed to
file representations before the Court. No such
representation was made in the case on hand. It was in the
said circumstances that the Court did not notice that the
written-statement was not filed. The case is now posted to
26.2.2021. The case would be posted in the restricted cause
list and the trial of the case would be expedited.
5. Taking note of the report of the learned Judge of
the Family Court, and considering 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 Court under Article 227 of the Constitution of
India, we direct the Family Court, Mavelikkara to consider
and dispose of OP 894/2018, in accordance with law, as
OP (FC).No.547 OF 2020
expeditiously as possible, at any rate, within a period of six
months from today.
6. The petitioner shall produce a copy of this
judgment before the Family Court, Mavelikkara 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/22.1.2021 JUDGE
OP (FC).No.547 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE OP NO. 894/2018 FILED
BY THE PETITIONER BEFORE THE HON'BLE FAMILY
COURT, MAVELIKKARA.
