Kerala High Court
Nikhilsha J. S vs Aneesh L. S on 27 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 27TH DAY OF MAY 2021 / 6TH JYAISHTA, 1943
OP (FC) NO. 316 OF 2021
AGAINST THE ORDER/JUDGEMENT IN OP 1445/2019 OF FAMILY COURT,
NEDUMANGAD, THIRUVANANTHAPURAM
PETITIONER/PETITIONER:
NIKHILSHA J.S.
AGED 26 YEARS, D/O JOSE, RESIDING AT PLAVILAPUTHEN
VEEDU, ANJUMRAGALA, VELLARADA.P.O,
THIRUVANANTHAPURAM - 695505.
BY ADV A.CHANDRA BABU
RESPONDENT/RESPONDENT:
ANEESH L.S,
AGED 33 YEARS, S/O.STEEFEN,RESIDING AT KAMALA
COTTAGE, DALUMMUGHAM, THUDALI, THIRUVANANTHAPURAM-
695125.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
27.05.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P (F.C) No.316 of 2021
2
ALEXANDER THOMAS & K.BABU, JJ.
===========================
O.P (F.C) No.316 of 2021
[arising out of O.P No.1445/2019
of the Family Court, Nedumangadu]
===========================
Dated this the 27th day of May, 2021
JUDGMENT
ALEXANDER THOMAS, J.
The case set up in the above Original Petition filed under Article 227
of the constitution of India are broadly as follows :
That the petitioner and the respondent are the wife and
husband. The petitioner filed O.P No.1445/2019 before the Family
Court, Nedumangadu. The respondent is the respondent in the said
original petition. The Original Petition No.1445/2019 was filed by
the petitioner for dissolution of marriage between the petitioner and
the respondent. The abovesaid original petition was filed as early as
on 30.11.2019. On admission, the Ld.Family Court, Nedumangadu
had issued notice to the respondent and posted the above case for
return of notice and appearance of the respondent to 16.04.2020.
Then on 16.04.2020, the Ld.Family Court again adjourned the case
for return of notice and appearance of respondent to 23.07.2020.
Thereafter, the case was posted to 07.10.2020, 03.12.2020,
16.02.2021, 09.04.2021 and now the case is posted to 09.06.2021.
O.P (F.C) No.316 of 2021
The abovesaid Original Petition is pending before the Family Court,
Nedumangadu. The marriage between the petitioner and the
respondent was solemnized as per Christian religion belief on
26.11.2018 at CSI Church, Vellarada and thereafter, was residing at
the matrimonial house as husband and wife. Due to difference of
opinion between them and both of them failed to continue the
matrimonial relation, the petitioner and the respondent separated on
01.11.2019 and thereafter, they are living separately. There is no
scope of a re-union between the petitioner and the respondent. The
marriage between them had irrevocable broken and no chance of re-
union. The petitioner is living with her mother. The mother of the
petitioner is a heart patient and undergone Angioplasty and she is
surviving under medication. If anything happens to the mother of
the petitioner, she will be orphan and thereby it will result in severe
mental trauma to the petitioner and that will put to great ignominy,
irreparable and hardships. Hence, the relatives of the petitioner had
decided to convince the petitioner for a re-marriage and the
petitioner had aggrieved for a re-marriage. Since the original
petition is pending for the last three years, the marriage of the
petitioner is not possible.
It is in the light of the above averments and contentions, that the
petitioner has filed the instant Original Petition (FC) under Article 227 of
the Constitution of India with the following prayers:
"(i) to issue an appropriate order or direction to the Ld. Family Court
Judge, Nedumangadu for expeditious disposal of Exhibit P-1
original petition pending as O.P.No.1445 of 2019 within the time
frame that may be fixed by this Hon'ble Court.
O.P (F.C) No.316 of 2021
(iii)(sic) such other reliefs as this Hon'ble court may deem fit and proper
to grant in the facts and circumstance of the case for the interest of
justice and equity."
2. Heard Sri.A.Chandra Babu, learned counsel appearing for the
petitioner herein / petitioner in the O.P before the Family Court. In the
nature of the orders proposed to be passed by this Court in this petition,
notice to the sole respondent herein will stand dispensed with.
3. Without getting into the merits of the controversy in any
manner, it is ordered in the interest of justice that the Family Court,
Nedumangadu may take all reasonable endeavours possible in the
circumstances to ensure the final disposal of O.P No.1445/2019, after
affording reasonable opportunity of both sides, without much delay,
preferably within a period of one year from the date of receipt of a
certified copy of this judgment or if necessary, within any time limit that
may be appropriately fixed by the Tribunal in its discretion and provided
both parties and the witnesses to fully co-operate with the Tribunal in that
endeavour, etc.
4. The Registry will forward copies of this judgment to the Family
Court, Nedumangadu, who is dealing with O.P No.1445/2019 as well as to
the sole respondent herein by speed post, at the cost of the petitioner.
O.P (F.C) No.316 of 2021
With these observations and directions, the above Original Petition
will stand finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
K.BABU, JUDGE
vgd
O.P (F.C) No.316 of 2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE O.P NO.1445/2019 ON
THE FILES OF THE FAMILY COURT, NEDUMANGADU.
