Jyothish Thomas vs Janet
2021 Latest Caselaw 329 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                                   &

                 THE HONOURABLE MRS. JUSTICE M.R.ANITHA

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                          OP (FC).No.4 OF 2021

AGAINST THE O.P. NOS.494/2019, 1436/2018, 441/2018, 620/201/ & MC
            NO.106/2018 OF THE FAMILY COURT,ERNAKULAM


PETITIONERS:

      1        JYOTHISH THOMAS, AGED 42 YEARS,
               S/O.THOMAS, POOVATHUNGAL HOUSE, ULLANADU P.O.,
               BHARANAGANAM VILLAGE, PALA, PIN-686 651

      2        SALIAMA THOMAS, AGED 64 YEARS
               W/O.THOMAS, POOVATHUNGAL HOUSE, ULLANADU P.O.,
               BHARANAGANAM VILLAGE, PALA, PIN-686 651

      3        THOMAS, AGED 73 YEARS
               POOVATHUNGAL HOUSE, ULLANADU P.O.,
               BHARANAGANAM VILLAGE, PALA, PIN-686 651

               BY ADV. SRI.P.C.HARIDAS

RESPONDENTS:

      1        JANET, D/O.THOMAS, W/O. JYOTHISH,
               VANDALAKUNNEL @ OTTALANGAL HOUSE, KUTTIPUZHA,
               KUNNUKARA P.O., KUNNUKARA VILLAGE, PARAVUR TALUK,
               PIN-683 578

      2        NOVAN, AGED 14 YEARS, S/O. JYOTHISH (MINOR),
               REPRESENTED BY HIS MOTHER JANET, VANDALAKUNNEL @
               OTTALANGAL HOUSE, KUTTIPUZHA, KUNNUKARA P.O.,
               KUNNUKARA VILLAGE, PARAVUR TALUK, PIN-683 578

      3        NAYANA, AGED 13 YEARS, D/O. JYOTHISH (MINOR),
               REPRESENTED BY HIS MOTHER JANET, VANDALAKUNNEL @
               OTTALANGAL HOUSE, KUTTIPUZHA, KUNNUKARA P.O.,
               KUNNUKARA VILLAGE, PARAVUR TALUK, PIN-683 578


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION           ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC).No.4 OF 2021                     2




                                   JUDGMENT

Dated this the 6th day of January, 2021

K. Vinod Chandran, J.

The petitioners seek early disposal of the

proceedings pending between the 1st petitioner and

his wife before the Family Court, all instituted

in the year 2018. The 1st petitioner is the husband

and the petitioners 2 & 3, his parents. The

respondents are the wife of the 1st petitioner and

their minor children.

2. Ext.P1 is an original petition filed by

the petitioners for a declaration that the

respondents have absolutely no right over the

properties scheduled in that O.P. Ext.P2 again is

an O.P. filed by the 1st petitioner for divorce.

Ext.P3 is an O.P. filed by the 1 st respondent-wife

seeking return of gold ornaments and money

entrusted with the petitioner-husband. Ext.P4 is

the OP (Guardian) filed by the respondent-wife

seeking custody of the two minor children born in

the wedlock. Ext.P5 is an MC filed for maintenance

by the respondent-wife.

3. The original petitions are all filed in

the year 2018 and this Court does not find any

willful delay on the part of the Family Court in

taking up the same for consideration; especially

considering the pandemic situation. However, it is

stated that the 1st respondent has not filed her

objections in Exts.P1 & P2 and despite request

made to the Court, there are no directions issued.

4. We do not think there is any scope for

any positive direction in the above case. However,

the learned Family Court Judge would do well to

insist for immediate filing of objections by the

1st respondent; especially in a matter pending from

the year 2018. The petitioner will also be

entitled to make a prayer for expeditious disposal

before the Family Court, which would be considered

looking at the long pending matters before that

Court.

The writ petition is closed with the above

observation. The Family Court would intimate the

respondent about the need to expedite filing of

objections before any coercive action is taken;

since we have not issued notice to the

respondents.

Sd/-

K. VINOD CHANDRAN, Judge.

Sd/-

M.R. ANITHA, Judge.

sp/07/01/2021

//True Copy//

P.A. To Judge

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF OP NO.1436/2018 ON THE FILES OF THE FAMILY COURT, ERNAKULAM

EXHIBIT P2 TRUE COPY OF OP NO.494/2019 ON THE FILES OF THE FAMILY COURT, ERNAKULAM

EXHIBIT P3 TRUE COPY OF OP NO.441/2018 ON THE FILES OF THE FAMILY COURT, ERNAKULAM

EXHIBIT P4 TRUE COPY OF OP NO.620/2018 ON THE FILES OF THE FAMILY COURT, ERNAKULAM

EXHIBIT P5 TRUE COPY OF MC NO.106/2018 ON THE FILES OF THE FAMILY COURT, ERNAKULAM

EXHIBIT P6 NIL

EXHIBIT P6A TRUE COPY OF THE PROCEEDINGS IN OP NO 1436/2018 ON THE FILES OF THE FAMILY COURT, ERNAKULAM

EXHIBIT P6B TRUE COPY OF THE PROCEEDINGS IN OP NO.

494/2019 ON THE FILES OF THE FAMILY COURT, ERNAKULAM

EXHIBIT P6C TRUE COPY OF THE PROCEEDINGS IN OP NO.441/2018 ON THE FILES OF THE FAMILY COURT, ERNAKULAM

EXHIBIT P6D TRUE COPY OF THE PROCEEDINGS IN OP NO.

620/2018 ON THE FILES OF THE FAMILY COURT, ERNAKULAM

EXHIBIT P6E TRUE COPY OF THE PROCEEDINGS IN MC NO.106/2018 ON THE FILES OF THE FAMILY COURT, ERNAKULAM