Nidhin Joseph @ Thomas vs Remya Thomas @ Thressiamma
2021 Latest Caselaw 7131 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

            THE HONOURABLE MR.JUSTICE V.G.ARUN

MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                  OP(Crl.).No.83 OF 2021

          MC 198/2019 OF FAMILY COURT, KOTTAYAM


PETITIONER/S:

           NIDHIN JOSEPH @ THOMAS
           AGED 33 YEARS
           S/O JOSEPH,
           ALUMMOOTTIL HOUSE,
           KOTTAMURI (PO),
           THRIKODITHANAM VILLAGE, CHANGANASSERY TALUK,
           KOTTAYAM DISTRICT, PIN-686105.

           BY ADV. SRI.NIREESH MATHEW

RESPONDENT/S:

     1     REMYA THOMAS @ THRESSIAMMA
           AGED 33 YEARS
           W/O NIDHIN JOSEPH, KANJIRAMTHANAM HOUSE,
           PALLIKKCHIRA KAVALA P O, PAYIPPAD MURI,
           PAYIPPAD VILLAGE, CHANGANASSERY TALUK,
           KOTTAYAM DISTRICT, PIN-686537.

     2     DAVID NIDHIN
           (MINOR, AGED 6 YEARS),
           S/O REMYA THOMAS @ THRESSIAMMA,
           KANJIRAMTHANAM HOUSE,
           PALLIKKCHIRA KAVALA P O, PAYIPPAD MURI,
           PAYIPPAD VILLAGE, CHANGANASSERY TALUK,
           KOTTAYAM DISTRICT, PIN-686537.
           (MINOR 2ND RESPONDENT, REPRESENTED BY HIS
           MOTHER 1ST RESPONDENT).


     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(Crl.) No.83 of 2021

                                      -2-



                               JUDGMENT

Dated this the 1st day of March, 2021

Petitioner is the respondent in M.C.No.198 of

2019 on the files of the Family Court, Kottayam.

O.P.No.1535 of 2018 for dissolution of marriage

and O.P.(G&W) No.260 of 2019 for getting

permanent custody of the minor child are also

pending before the Family Court, Kottayam. The

petitioner is aggrieved by the inordinate delay

in disposing the case.

2. In the report called for by this Court,

it is stated that, due to lockdown restrictions,

hearing of MC 198 of 2019 was being adjourned by

notification from 08.05.2020 onwards. Neither

vakalath nor counter has been filed by the

respondent. Presently, the case stands posted to

08.04.2021. It is informed that six months' time

would be required for disposing the case. O.P.(Crl.) No.83 of 2021

3. In view of the limited relief being

granted, notice to the respondents is dispensed

with.

In the light of the report, the original

petition is disposed of, directing the Family

Court, Kottayam to decide M.C.No.198 of 2019

within six months of receipt of a copy of this

judgment.

Sd/-

V.G.ARUN JUDGE

Scl/26.02.2021 O.P.(Crl.) No.83 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF MC NO.198/2019 BEFORE THE FAMILY COURT, KOTTAYAM DATED 19.11.2019.