Sreejith vs Anjana M.A.
2021 Latest Caselaw 764 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                                   &

              THE HONOURABLE MRS. JUSTICE M.R.ANITHA

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                         OP (FC).No.444 OF 2020

     AGAINST OP NO.1706/2016 OF THE FAMILY COURT, TRIVANDRUM


PETITIONER/PETITIONER:

             SREEJITH, AGED 34 YEARS, S/O.SREEDHARAN,
             MANNAYATH HOUSE, KARODE, VILAPPILSALA,
             VILAPPILSALA P.O., THIRUVANANTHAPURAM DISTRICT,
             PIN CODE 695 573.

             BY ADV. SRI.SHAJIN S.HAMEED

RESPONDENT/RESPONDENT:

             ANJANA M.A., AGED 31 YEARS
             D/O.AJITHAKUMARI, ANJANA HOUSE, T.C.7/1507(1), KWRA-
             99, KATTACHAL ROAD, THIRUMALA P.O.,
             THIRUMALA VILLAGE, THIRUVANANTHAPURAM DISTRICT
             PIN CODE 695 006.

             R1 BY ADV. SRI.J.R.PREM NAVAZ

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD            ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC).No.444 OF 2020              2




                                  JUDGMENT

Dated this the 8th day of January, 2021

K. Vinod Chandran, J.

The petitioner is before us claiming gross

delay in consideration of an original petition

filed for divorce in the year 2016. There were

three litigations pending between the petitioner

and respondent. The respondent-wife filed an

application for restitution of conjugal rights and

also for return of money and gold ornaments

entrusted to the husband at the time of marriage.

All the three cases were posted for joint trial.

The wife consistently failed to appear before the

Family Court. The application filed by the wife

for restitution of conjugal rights and return of

money and gold ornaments were dismissed for

default sometime in the year 2017. The divorce

O.P. has been pending from that day. The evidence

of the husband was completed on 24.09.2019. The

wife also filed a Proof Affidavit, but she did not

turn up for cross-examination. Arguments were

heard on 27.02.2020. However, the matter is being

consistently posted for hearing. It is seen from

the original petition that the matter is posted on

04.04.2020, 21.08.2020 and 04.11.2020 again for

hearing.

2. The facts as stated in the original

petition trouble us especially since the wife has

succeeded in thwarting the efforts of the husband

to get a divorce for the last four years and the

Court has been a silent accomplice to that. In the

present O.P. also notice was issued to the wife

and served. However, none appeared for the

respondent.

3. In such circumstances, we are of the

opinion that the original petition has to go in

favour of the petitioner. The Family Court is

directed to verify the records and if the

submissions made in the original petition is found

to be correct, it is high time the hearing was

concluded and an order passed in the divorce

petition. The petitioner is directed to appear

before the Family Court on 21.01.2021, on which

date the Family Court shall fix a date of hearing

within one week thereafter; carry out hearing and

dispose of the case expeditiously within three

weeks from the date of hearing.

The original petition is disposed of.

Sd/-

K. VINOD CHANDRAN, Judge.

Sd/-

M.R. ANITHA, Judge.

sp/08/01/2021

//True Copy//

P.A. To Judge

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE PETITION IN O.P NO.

1706/2016 ON THE FILE OF THE FAMILY COURT, THIRUVANANTHAPURAM

EXHIBIT P2 PHOTOPHOTOCOPY OF THE OBJECTION FILED BY THE RESPONDENT IN O.P NO. 1706/2016