Citation : 2021 Latest Caselaw 7578 Ker
Judgement Date : 4 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH
THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942
OP (FC).No.419 OF 2020
AGAINST IN OP(GW) 45/2017, OP(DIV) 46/2016 & OP(Money)47/2016 OF
FAMILY COURT, ETTUMANOOR AT KOTTAYAM
--------
PETITIONER/S:
CHINU SARA SAJI, AGED 33 YEARS,
D/O.SAJI ABRAHAM, KACHAPILLAIL HOUSE,
THALAPPADY, PUTHUPALLY P.O., KOTTAYAM,
REP.BY HER FATHER THE POWER OF ATTORNEY
HOLDER SAJI ABRAHAM, AGED 59 YEARS,
KACHAPILLAIL HOUSE, THALAPPADY,
PUTHUPALLY P.O., KOTTAYAM,
PIN CODE-686 011.
BY ADVS.
SRI.P.SANJAY
SMT.A.PARVATHI MENON
SRI.BIJU MEENATTOOR
SRI.PAUL VARGHESE (PALLATH)
SRI.P.A.MOHAMMED ASLAM
SRI.KIRAN NARAYANAN
SHRI.PRASOON SUNNY
SHRI.RAHUL RAJ P.
RESPONDENT/S:
JOJOSH GEORGE, AGED 37 YEARS,
S/O.K.K.GEORGE, KUNNUMPURATHU HOUSE,
MANARCADU P.O., KOTTAYAM, PIN-686 019
BY ADV. SRI.GEORGE ZACHARIAH ERUTHICKEL
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 04.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No.419 OF 2020
-:2:-
JUDGMENT
Dated this the 4th day of March 2021
A.Muhamed Mustaque, J.
This original petition was filed for expeditious
disposal of O.P.(Div).No.46/2016 and O.P.(Money) No.47/2016
and O.P.(G&W.No.45/2017 pending before the Family Court at
Ettumanoor in Kottayam. It appears that evidence in this
matter has already been concluded. However, there was no
Presiding Officer for several months at the Family Court.
This Court made an attempt to resolve the dispute through
mutual agreement between the parties. Based on the
intervention of this Court, the dispute regarding return of
gold ornaments has been settled. This Court authorised the
District Legal Services Authority (DLSA), Kottayam, to
intervene in regard to the return of gold ornaments and the
parties have received the gold ornaments from the locker.
The report of DLSA dated 3/3/2021 is on board. It is
appropriate to forward the entire records to the Family
Court at Ettumanoor in Kottayam, so as to be a part of the
pending matter before the Family Court. Other than return
of gold ornaments, rest of the issues will have to be
decided by the Family Court as the parties could not arrive
at a settlement.
OP (FC).No.419 OF 2020
2. In the above circumstances and in view of the fact
that the evidence in the matter is complete, the Family
Court shall make every endeavour to dispose O.P.
(Div).No.46/2016 and O.P.(Money) No.47/2016 and O.P.
(G&W.No.45/2017 within three months. If necessary, the
Family Court shall prepone hearing of the cases to any near
date. Registry shall forward the entire documents/records
to the Family Court at Ettumanoor in Kottayam.
Ordered accordingly.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
Sd/-
KAUSER EDAPPAGATH JUDGE ms OP (FC).No.419 OF 2020
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF O.P.(DIV) NO.46/2016 PENDING BEFORE THE HON'BLE FAMILY COURT, ETTUMANOOR DATED 14.1.2016.
EXHIBIT P2 TRUE COPY OF O.P.NO.45/2017 PENDING BEFORE THE HON'BLE FAMILY COURT, ETTUMANOOR, KOTTAYAM DATED 12.01.2017.
RESPONDENT'S EXHIBITS:
EXHIBIT R1(A) : TRUE COPY OF THE MEMORANDUM OF OBJECTION FILED BY THE RESPONDENT HEREIN, IN O.P.(DIV.) NO.46/2016 ON THE FILE OF THE HONOURABLE FAMILY COURT, ETTUMANNOOR, KOTTAYAM.
EXHIBIT R1(B) : TRUE COPY OF THE MEMORANDUM OF OBJECTION FILED BY THE RESPONDENT AND HIS PARENTS IN O.P.NO.47/2016 ON THE FILE OF THE HONOURABLE FAMILY COURT, ETTUMANNOOR, KOTTAYAM.
//TRUE COPY//
P.S.TO JUDGE
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