Bifi Mol L.S vs Midhun J.N
2021 Latest Caselaw 12370 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

                                   &

              THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

      FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943

                         OP (FC).No.308 OF 2021

       IN OP 2349/2019 OF FAMILY COURT, THIRUVANANTHAPURAM


PETITIONER:

               BIFI MOL L.S.,
               AGED 26 YEARS
               D/O.MRS.SUSAN ALBERT, RESIDING AT MEDAYIL, KAIRALI
               NAGAR, DEVASWOM LANE, KESAVADASAPURAM, PATTOM P.O.,
               THIRUVANANTHAPURAM, PIN-695 004.

               BY ADV. SRI.NAVEEN RADHAKRISHNAN

RESPONDENT:

               MIDHUN J.N.,
               AGED 33 YEARS
               S/O.MR.JAYAKUMAR, THIRUVONAM, KARIYILATHOTTAM,
               KANNANKUZHY, AMARAVILA P.O., THIRUVANANTHAPURAM, PIN-
               695 122.



     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION             ON
07.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(FC).No.308/2021
                                         2

                                      JUDGMENT

Dated this the 7th day of May 2021

Devan Ramachandran, J.

The petitioner has approached this Court seeking that Ext.P1 Original

Petition be directed to be taken out of priority and disposed of at the earliest

by the Family Court, Thiruvananthapuram.

2. We are afraid that we cannot accede to the prayers in this Original

Petition because another Division Bench of this Court has categorically

stipulated the manner in which such motions are to be made by parties

requiring early hearing, in Shiju Joy A. v. Nisha [2021 (2) KHC 462 (DB)].

3. In Shiju Joy (supra), this Court is very clear that if a party intends

to seek an early hearing of a case for a justifiable or valid reason, he/she

must move an application before the Family Court at the first instance and

the said court must dispose it of within two weeks. We do not see any reason

why the petitioner be not directed to follow the same.

In the said circumstances, reserving the liberty of the petitioner to

approach the Family Court in terms of Shiju Joy (supra), we close this

Original Petition.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

Sd/-

                                             DR. KAUSER EDAPPAGATH, JUDGE

kp                   True copy

                      P.A. To Judge
 O.P.(FC).No.308/2021





                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1             TRUE COPY OF THE ORIGINAL PETITION AS OP

NO.2349 OF 2019 DATED 01.01.2019 BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.