Kerala High Court
Shibin Joby vs Aleesha Binoy on 29 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
OP (FC) NO. 231 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP 123/2018 OF FAMILY COURT,
PALA
PETITIONER/S:
SHIBIN JOBY, AGED 33 YEARS
S/O MATHAI, AGED 33 YEARS,
VARAKUKALAYIL HOUSE, ARUVITHURA KARA AND PO,
ERATTUPETTA VILLAGE, MEENACHIL TALUK,
KOTTAYAM DISTRICT
(NOW RESIDING AT UNIT 3, 209 MCLACHLN STREET,
ORANAGE NSW, 2800, AUSTRALIA)
REPRESENTED BY HIS FATHER AND POWER OF ATTORNEY
HOLDER JOBY @MATHAI, S/O. MATHAI, AGED 60 YEARS,
VARAKUKALAYIL HOUSE, ARUVITHURA KARA AND PO,
ERATTUPETTA VILLAGE, MEENACHIL TALUK,
KOTTAYAM DISTRICT , PIN - 686122
BY ADV P.C.HARIDAS
RESPONDENT/S:
ALEESHA BINOY
AGED 30 YEARS
D/O BINOY ABRAHAM, AGED 30 YEARS,
ARACKAL HOUSE, THAZHUVAMKUNNU P.O. KALLOORKAD
VILLAGE,
MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT (EMAIL ID-
[email protected])
REPRESENTED BY HER FATHER BINOY ABRAHAM, ARACKAL
HOUSE, THAZHUVAMKUNNU P.O. KALLOORKAD VILLAGE,
MUVATTUPUZHA TALUK,
ERNAKULAM DISTRICT, PIN - 686668
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(FC) 231/2022
2
C.S.DIAS & C.JAYACHANDRAN, JJ.
------------------------------------
OP(FC) No.231 of 2022
-------------------------------------
Dated this the 29th day of April, 2022
JUDGMENT
Dias, J.
The Original Petition is filed to direct the Family
Court, Pala to dispose of OP No.123/2018 (Ext.P1 and
connected cases) in the month of May, 2022 or within a
time prescribed by this Court.
2. Pursuant to the directions passed by this Court
on 22.4.2022, the learned Judge of the Family Court by
communication dated 25.4.2022 informed that the cases
were listed for evidence on 21.12.2021 and at the
instance of the petitioner, the cases were adjourned.
The petitioner's evidence has been recorded and the
OP(FC) 231/2022
case was adjourned for the evidence of the respondent
to 6.4.2022. Now the case stands posted to 10.5.2022
for the report of the Advocate Commissioner. It was due
to certain lagging from the side of the respondent that
the evidence could not be completed on or before
6.4.2022. However, the Family Court is prepared to
dispose of the case, as expeditiously as possible, as
directed by this Court.
3. Heard Sri.P.C.Haridas, learned counsel
appearing for the petitioner. Even though a copy of the
Original Petition was served on the learned counsel
appearing for the respondent before the Family Court,
there is no appearance for the respondent. Nonetheless,
as we are only directing the Family Court to dispose of
the case within a time frame, we dispense with notice to
the respondent.
OP(FC) 231/2022
4. In the light of the communication given by the
learned Judge of the Family Court, we direct the Family
Court to dispose of OP No.123/2018 and connected
cases between the parties as expeditiously as possible,
in accordance with law, following the guidelines laid
down by this Court in Shiju Joy v. Nisha [2021 (2)
KLT 607].
The Original Petition is ordered accordingly.
Sd/-
C.S.DIAS
JUDGE
Sd/-
C.JAYACHANDRAN
JUDGE
jg
OP(FC) 231/2022
APPENDIX OF OP (FC) 231/2022
PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE O.P. NO. 123/2018 OF
THE FAMILY COURT, PALA
Exhibit-P2 TRUE COPY OF THE O.P. NO. 360/2018 OF
THE FAMILY COURT, PALA
Exhibit-P3 TRUE COPY OF THE O.P. NO. 579/2018 OF
THE FAMILY COURT, PALA
Exhibit-P4 TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT TO EXT.P1
Exhibit-P4(a) TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT TO EXT.P2
Exhibit-P5 TRUE COPY OF OBJECTION FILED BY THE
PETITIONER TO EXT.P3
Exhibit-P6 TRUE COPY OF THE CASES STATUS IN
OP,123/2018 ON THE FILES OF THE FAMILY
COURT, PALA
