Priyanka Prabhas vs Srijith.S
2021 Latest Caselaw 559 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                                      &

                 THE HONOURABLE MRS. JUSTICE M.R.ANITHA

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                         OP (FC).No.355 OF 2020

  AGAINST THE ORDER/JUDGMENT IN OPDIV 174/2020 OF FAMILY COURT,
                           THIRUVALLA


PETITIONER/S:

                PRIYANKA PRABHAS,,
                AGED 27 YEARS
                D/O.PRABHAS, KOLLAKADAVIL, PARUTHIKKATTU MANNIL
                HOUSE, KUNNANTHANAM VILLAGE, ANJILITHANAM P.O., AND
                MURI, MALAPPALLY TALUK,
                PATHANAMTHITTA DISTRICT-689 582

                BY ADVS.
                SHRI.ABRAHAM SAMSON
                SMT.LOVELY SAMSON

RESPONDENT/S:

                SRIJITH.S,
                AGED 36 YEARS,
                S/O.LATE SURESH, KOYITHODATHU HOUSE, NIRANAM VILLAGE,
                NIRANAM P.O., THIRUVALLA TALUK, PATHANAMTHITTA
                DISTRICT, PIN-689 621


     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD                 ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC).No.355 OF 2020

                                 2




                          JUDGMENT

Dated this the 7th day of January 2021

K.VINOD CHANDRAN, J.

The Original Petition is filed seeking early disposal

of an application filed for divorce in 2020, pending on

the files of the Family Court ,Thiruvalla. The reasons

stated in the Original Petition, which seeks a positive

direction to the Family Court for early disposal of the

application for divorce, is similar to that in Ext.P4

application filed before the Family Court itself. The

reasons stated is that, after estrangement the petitioner

was surviving with a small employment, from which she was

terminated due to the influence exerted by the respondent

husband. It is also alleged that the husband and his

relatives are constantly threatening her. The ground

raised for early disposal is that, now her parents have

arranged an employment in Chennai, from which she cannot

take leave for one year. We do not think that the

unsubstantiated ground commends such a positive direction

for early disposal. The petitioner does not even speak OP (FC).No.355 OF 2020

of the firm in which she got employment and it is

preposterous to believe that there would be any

insistence of no leave being availed for one year.

We find absolutely no reason to entertain the

Original Petition and dismiss it in limine.

Sd/-

K.VINOD CHANDRAN

JUDGE

Sd/-

M.R.ANITHA

JUDGE

uu

07.01.2021 OP (FC).No.355 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PETITION IN O.P.(DIV)SMA 174/2020 PENDING IN THE FILES OF THE FAMILY COURT, THIRUVALLA DATED 25.6.2020.

EXHIBIT P2 TRUE COPY OF THE PETITION IN O.P.NO.185/2020 PENDING IN THE FILES OF THE FAMILY COURT, THIRUVALLA DATED 29.6.2020.

EXHIBIT P3 TRUE COPY OF PETITION IN O.P.SMA 210/2020 PENDING IN THE FILES OF THE FAMILY COURT, THIRUVALLA DATED 13.7.2020.

EXHIBIT P4 TRUE COPY OF THE I.A.1/2020 IN O.P.(DIV) SMA 174/2020 IN THE FILES OF THE FAMILY COURT, THIRUVALLA DATED 18.9.2020.